SOOKA Vs. RAM RATAN

JUDGEMENT

(1.) BOTH the above appeals are directed against the same judgment and order dated 13-12-1983 passed by the Additional District Judge, Barabanki in Misc. Appeal No. 26 of 1981 by which Smt. Sooka mother of the minor Ram Saran son of Vishram has been appointed as guardian of her minor son and both Smt. Sooka and Ram Ratan son of Bhikha have been jointly appointed as guardian of the property of the said minor with a condition that they shall not have any right to dispose of the minor's property either by sale or compromise or otherwise in any suit in favour of any person. Aggrieved by this order Smt. Sooka filed F.A.F.O. No. 24 of 1984 and Ram Ratan has filed F.A.F.O. No. 43 of 1984. In her appeal Smt. Sooka had prayed that she be appointed sole guardian of the minor's property as well which consists of one house and agricultural plot measuring 2 bighas 19 biswansis situate in village Khahrenia, Pargana Kursi, Tehsil and District Barabanki. Ram Ratan in his appeal has prayed that he be appointed as sole guardian of the persons and property of the minor.

(2.) I have heard learned counsel for the parties and have perused the impugned order very carefully. It has been urged on behalf of appellant Ram Ratan that Smt. Sooka after death of her husband Vishram had remarried with Sheo Ram resident of village Khahrenia. It was, thus, urged that since Smt. Sooka had remarried, and, as such, she cannot be appointed as guardian of the minor son born from the wedlock of her first husband Vishram. I do not find any merit in this contention.

(3.) IT has been stated in the affidavit filed by her dated April 4, 1986 that the minor at present is aged about 10 years and is studying in class III in Primary Pathshala. She has further stated that she is looking after the welfare of the minor child with her meagre income of Rs. 5/- per day which she is getting by doing manual labour, domestic work and cutting fodder. IT has further been alleged that she is looking after the minor child with all due care, love and affection, and, as such I do not find any good ground to interfere with the order passed by the 1st Addl. District Judge, Barabanki, appointing Smt. Sooka guardian of the person of the minor Ram Saran son of Vishram.