PRABHAT BARMAN Vs. GUDHULI SOHPDANG AND ORS.

JUDGEMENT

(1.) This appeal under Sec. 47 of the Guardians & Wards Act, 1890 is directed against the order dated 28.7.2010 passed by the learned Additional Deputy Commissioner, Ri-Bhoi District in Misc. Case No. 4(a) & (b) of 2009 refusing to cancel the Guardianship Certificate dated 5.10.2006 issued in favour the respondent No. 1.

(2.) The appellant is the husband of the late Genevieve Sohpdang, who died on 14.3.2006, and two children, namely, (i) Master Allan Donald Sohpdang, born on 7.10.1996 and (ii) Miss Donna Mary Sohpdang were born in their wed-lock. It is claimed by the appellant that after the death his wife, the respondent No. 2, who is in no way related to his deceased wife, or to him, took away both the minor children to his house at Nongshilliang Nongthymai, Shillong purportedly with the consent of the relatives of the deceased. The respondent No. 2 had resided with the deceased during her childhood days at his house at Shillong. A month after the death of the deceased, the appellant approached the respondent No. 2 for taking back the minors to his village, but the latter requested him to allow the minors to stay with him for sometime saying that it would be easier for the minors to bear the loss of their mother and that he had already arranged a school for them at Shillong. He was also assured that he could come and visit them as and when he wished. He, therefore, relented as the minors could get better educational facilities in Shillong. Though the appellant was initially welcomed by the minors whenever he visited them, their attitude gradually changed, and they became scared to open up to him. He was also allowed to sit with the minors only for a few minutes on his subsequent visits and the cloths and gifts offered by him were also refused by the minors. Ultimately, when the appellant told the respondent No. 2 of his wish to take back the minors, the latter rebuked him by asking to mind his own business since he is a non-tribal.

(3.) According to the appellant, the deceased, who was a business woman during her lifetime owned a number of landed properties such as the landed property at Baridua 9th Mile, Raid Marwet Ri-Bhoi District, opposite CRPF Camp worth Rs. 70 lakhs, a residential house opposite Dorbar Shnong Hall at Baridua 9th Mile, Raid Marwet Ri-Bhoi District worth about Rs. 10 lakhs and a landed property at Laitumkhrah worth about Rs. 2 crore. Though he has no interest in these properties, it is his concern that his minor children have the right of inheritance over these properties, which should be protected for their future. The minor children also have one aunty, namely, Smt. Gudhuli Sohpdang, the respondent No. 1 herein, who is the sister of the deceased and who resides at Baridua, 9111 Mile, Raid Marwet, Ri-bhoi District.