ABDUL RASHID KHAN Vs. NARGIS FATMA

JUDGEMENT

(1.) This appeal is directed against an order rejecting the application for appointment of guardian of minor children.

(2.) The appellant is admittedly the grandfather of the minor children who are five in number and are aged between 4 to 12 years. The last two are sons aged 4 and 6 years, and the elder three are all daughters aged 12, 10 and 8 years respectively. At the time of filing of the application the children were admittedly living with their mother at the place of their maternal grandfather in a different city. The mother of the minor children is said to be 28 years old.

(3.) The application for appointment of guardian was based on the allegation that the interest of the minors was not safe, in the hands of the mother who was intending to enter into a second marriage and that he had entered into an agreement with the third party to transfer the interest of the minors in some property and bad already received a substantial amount of sale consideration as advance. On the other hand the appellant as grand-father of the children claims to have deposited Rs. 50.000/- for their benefit and it was alleged that he was interested in the welfare of the minor children and therefore, he should be appointed their guardian.