PARSANDI Vs. MEHAR SINGH AND OTHERS

JUDGEMENT

(1.) This is a special appeal against the decision of a learned single Judge whereby the learned Judge dismissed a First Appeal From Order.

(2.) The First Appeal from Order to this Court arose out of guardianship proceedings. On the 21st of Jan., 1958, Mehar Singh, the respondent, applied for being appointed a guardian of Smt. Anguri Devi, who, Mehar Singh alleged, was his wedded wife. Mehar Singh's application purported to be under Sec. 7 read with Sec. 12 of the Guardian and Wards Act. There was opposition to Mehar Singh's claim to being appointed a guardian on behalf of Anguri Devi's mother, Smt. Parsandi, and one Kali Ram who also was a near relation of Anguri Devi. In this connection it may be of some consequence to notice that there was another application for guardianship by one Parma Nand who claimed to be a distant uncle of the girl, Anguri Devi.

(3.) In the petition the date of birth of Anguri Devi was given as 13th Dec., 1940. There was no allegation in the petition that Anguri Devi had ever been under the guardianship of Mehar Singh or ever stayed with him. There was, therefore, no allegation of Anguri Devi having left the guardianship of a lawful guardian or her having taken away from any lawful guardian under whose care she had been. At the stage of the trial of the guardianship matter a claim was made on behalf of Mehar Singh for Anguri Devi being put in his custody. The claim for the custody of the alleged minor was made under Sec. 12 which only related to temporary custody and not the type of permanent custody which was sought by Mehar Singh in this particular case.