GOMTI DEVI GUPTA Vs. SURYA PRAKASH GUPTA

JUDGEMENT

(1.) B. K. Rathi, J. The applicants moved an application for appointment of guardian of the two twin minors Km. Rinky and Ashu under Section 29 of the Guardians and Wards Act, 1890 (hereinafter referred to as the Act ). The opposite party opposed the application claiming that he being father of minors is natural guardian and as such is entitled to their custody. The trial Court (District Judge, Fatehpur) recorded the evidence and considered the question of the welfare of the children in detail and rejected the application of the applicants on 2-8-1999. This order has not been challenged during arguments before me.

(2.) ON that very day the District Judge, Fatehpur has passed another order on application 26-C of the opposite party. This order was passed in the absence of the applicants and it was mentioned in the order that this order be served on applicants through special commissioner. By this order the applicants were directed to hand over the custody of the two minors to the opposite party on 7-8-1999 at 11 a. m. The applicants are aggrieved by this order and have challenged the same in this appeal.

(3.) APART from this, the matter was finally decided on 2-8-1999. The learned District Judge on that date afterwards passed different order behind the back of the applicants. The said order therefore, cannot be retained.