LAHESWARI DAS SMTI Vs. GOPINATH DAS

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28.8.97 passed by the learned District Court, Kamrup, Guwahati in G.C. Case No. 374/96 and G.C. Case No. 38/96. The learned District Court by the impugned judgment appointed the respondent Sri Gopinath Das as the guardian of Jagjiban Das, a minor, who lost his parents practically before he saw the light of the day. Being aggrieved by the aforesaid judgment, the appellant (the grandmother i.e. mother's mother of the minor) has preferred this appeal.

(2.) I have heard Mr. BK Goswami, learned senior counsel assisted by Ms. T Goswami, learned counsel for the appellant and also Mr. S. Baruah, learned counsel for the respondent.

(3.) At the very outset, I would like to clear the facts for better appreciation of the controversy at hand. Biren Das, father of the minor Jagjiban Das, died in a scooter accident on 30.9.94. He left behind his wife who was on family way. She delivered a male child on 7.12.94 named Jagjiban. The mother of the child Indira Das also died after giving birth to Jagjiban and, since then, the minor has been residing with the grandmother Smt. Laheswari Das, the appellant herein.