RAM SARUP Vs. CHIMMAN LAL

JUDGEMENT

(1.) This is a reference by the learned District Judge of Moradabad under Section 14, Guardians and Wards Act (VIII [8] of 1890) for such orders as this Court may be pleased to pass. The facts which have given rise to it may be stated shortly.

(2.) The dispute in this case is regarding the guardianship of three minor children, two of whom are girls and one a boy. The girls, Bimla Devi and Kapur Devi are, according to the learned Judge, about eleven years and sis years, respectively and the boy Ramkumar, is aged 3 1/2 to four years. Their father is one Ram Sarup who ordinarily resides in Chandausi and their mother is Smt. Dhunia. There is no question in this case regarding any property of the minors. The father and the mother of the children have quarrelled and the mother has left her husband's place. She is at present residing at Hathras and the children are admittedly living with her. She appears to have taken them with her. She left her husband's house some months before the father presented an application for his appointment as guardian of his minor children to the Court of the District Judge, Moradabad. The father, Ram Sarup, was the first to file the application on 8-1-1949. The mother, namely, Smt. Dhunia filed her application for her appointment as guardian of the minor children some months later, that is to say, on 22-4-1949.

(3.) At the time of presenting the application it was brought to the notice of the learned District Judge of Aligarh that an application had also been filed before the District Judge of Moradabad in regard to the guardianship of these very minors. In these circumstances, the District Judge of Moradabad has made a reference under Section 14, Guardians and Wards Act, the guardianship proceedings remaining stayed at both the places. Section 14, Guardians and Wards Act, lays down : "If proceedings for the appointment or declaration of a guardian of a minor are taken in more Courts than one, each of those Courts shall, on being apprised of the proceedings in the other Court or Courts, stay the proceedings before itself." Sub-section 3 of Section 14 enacts that: "If the Courts are both or all subordinate to the same High Court, they shall report the case to the High Court and it shall be for the High Court to determine in which of the Courts the proceedings with respect to the appointment or declaration of a guardian of the minor shall be had." The power of this Court to determine in which Court the guardianship proceedings shall be held is, in my opinion, of a very wide nature. Of course, this power has to be exercised in a judicial manner and this Court will no doubt attach, in coming to a conclusion as regards the proper place, weight to the consideration to which pointed reference is made in Section 9 of the Act, namely, the place where the minor ordinarily resides. I must not, however, be understood to say that this is the only or sole consideration which this Court is bound to take in deciding the forum where the proceedings are to take place,