PRAHALLAD SAHU Vs. ANADI CHARAN SAHU

JUDGEMENT

(1.) This appeal is directed against the order of the learned District Judge. Cuttack in a petition under Section 8 of the Guardian and Wards Act, 1890.

(2.) A petition under Section 8 of the Guardians and Wards Act, 1890 (hereinafter referred to as ''the Act") was filed by the respondent Anadi Charan Sahoo, the natural father of minor son Ajoya Kumar Sahoo, for being appointed as a guardian of the said minor. The prayer was also made for a declaration that the natural father may be declared as the father guardian of Sri Ajoya Kumar Sahoo and the petitioner may be allowed to withdraw the fixed deposit, if necessary for the benefit of minor and the United Commercial Bank, Madhuban Hat Branch may be directed to correct the entries in their record by incorporating Sri Ajoya Kumar Sahoo. son of Anadi Charan Sahoo of Village Kalan. P. S. Dharmasala, Dist. Cuttack. A further prayer had been made that the said United Commercial Bank be directed not to allow Sri Prahallad Sahoo to encash or to transfer the fixed deposit till the disposal of the petition.

(3.) The short facts leading to the aforesaid prayer was that Ajoya Kumar Sahu lives with his father and his mother who is also alive. On 17-9l985, the petitioner had entrusted Sri Prahallad Sahu. son of Gajendra Sahu, the matternal uncle of the minor, to make a fixed deposit amounting to Rs. 25,000/- in the name of his minor son with the United Commercial Bank. Madhuban Hat Branch. But even though the money was handed over to Sri Prahallad Sahoo, till date he has not yet handed over deposit receipt from the Bank. On 21-8-87, when the petitioner was enquiring about the fixed deposit in the United Commercial Bank, he came to know that Rs. 25,000/- has been deposited in the name of Ajoya Kumar Sahoo, minor but in record, the father's name has been shown as Prahallad Sahu of village Kalan and there is no such person Prahallad Sahu in village Kalan. It is further stated that Sri Prahallad Sahu of village Sulia. P. Kalan, P. S. Dharmasala was unmarried as on 17-9-1985. He got married only on 8-6-1987 to Smt. Bhanumati Sahu of village Chandipur. It is alleged that the petitioner was not aware of the ill motive of Sri Prahallad Sahoo till 21-8-1987 since Prahallad Sahu is the maternal uncle of his minor son as well as his brother-inlaw. Thus, it was claimed that since the petitioner is the natural father of the minor and his natural mother is living with the petitioner, the petitioner is entitled to be appointed as a guardian of the minor, and for the benefit of the minor, it is necessary that the petitioner be appointed as a guardian.