MOHD AZEEMODDIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by the aggrieved party challenging the Judgment and order dated 02.09.2016 passed by learned Adhoc District Judge-3, Aurangabad in M.A.R.J.I. No.160/2016, thereby appointing the present respondent No.2 as guardian of the children of present appellant.

(2.) The factual matrix leading to the appeal are, that the present respondent No.2 had filed the said proceedings under Section 7 of the Guardian and Wards Act, 1890 for appointment of guardian of person and property of two children, who are admittedly of the present appellant and the sister of present respondent No.2. Deceased Qazi Shameem Begum was the real sister of present respondent No.2 (hereinafter referred as "applicant"). At the time of petition, which was filed on 18.04.2016, minor son and daughter who appeared to be the twins, were aged 13. Present appellant is facing charge of murder of his wife Shameem. Shameem had purchased house by registered sale deed on 20.01.2005 in Azam Colony, Roshan Gate, Aurangabad. She had also invested certain amounts in fixed deposits in ADCC, Bombay Mercantile City Bank and Post Office, as she was a teacher. Her heirs were to get benefits of her service. It was stated in the application that since the father i.e. present appellant had murdered his wife, the wards are being maintained by the applicant, who is their aunt. It was stated that the present appellant had evil eye over the property of the deceased and he had extramarital relation. It is stated that since he is a murderer, he is disqualified from inheritance from the estate of the deceased under Section 8 (Para 8 Chapter 22) Of Mohammedan Law and under those circumstances she prayed that she be appointed as guardian.

(3.) It appears from the record that public notice was issued in daily newspaper Punya-Nagari and nobody objected to the same and thereafter taking into consideration the evidence, that was produced, the learned Adhoc District Judge-3, Aurangabad allowed the application. The applicant was appointed as guardian of the wards as well as of movable and immovable properties of the wards.