DEEPANJALI CHAUHAN Vs. JITENDRA SINGH

JUDGEMENT

(1.) In this petition filed under Article 227 of the Constitution, the challenge is made to the order dated 15.12.2010, whereby the application preferred by petitioner under Section 8 of Hindu Minority and Guardianship Act, 1956 is rejected by the Court below.

(2.) The petitioner filed an application under Section 8 of the Act before the Court below. It was prayed that minor Ku. Anupriya Chauhan, age 5 years, is residing under the guardianship of the petitioner. Petitioner is her natural guardian and mother. Her interest is not contrary to minor Ku. Anupriya and petitioner's husband is Govt. employee. The petitioner intends to sell certain pieces of land which were given by way of gift to Ku. Anupriya. Aforesaid sale of the land, detailed in para 3 of the said application, is necessary for the purpose of getting necessary fund for marriage of Ku. Anupriya. Petitioner's husband is in transferable Govt. job. Petitioner being a woman is not able to use that land for agriculture purpose nor is able to manage the land, which may result into encroachment of the land. The Court below has rejected the said application by the impugned order. The Court below opined that considering the age of Anupriya ( 5 yeas) permission cannot be granted in the interest of Ku. Anupriya.

(3.) Shri G.P. Chaurisya, Advocate for the respondent No.1, has supported the petitioner.