MUSSTT RAHIMA KHATOON Vs. MUSSTT SABURJANESSA

JUDGEMENT

(1.) This appeal has been preferred by the appellant against the order dated 30-4-93 passed in G.C. No. 52/91 by the learned District Judge, Barpeta.

(2.) The appellant as petitioner filed an application on 29-7-91 praying for granting of Guardianship certificate with respect to the person of her minor daughter Anowara aged 9 years. The appellant's husband who was a U.B. Constable died in a road accident leaving behind the appellant and her minor daughter Anowara. The Respondent No. 1 Mstt. Saburjannessa along with 4 others were made the opposite parties in that petition in which the respondent No. 1, the mother-in-law of the appellant contested. After hearing the parties, the learned District Judge, Barpeta by his order dated 8-11-91 issued guardianship certificate in favour of appellant - Rahima Khatun. After sometime the opposite party No. 1 the mother-in-law of the appellant filed an application on 11-8-92 in G.C. No. 52 of 1991 alleging that the appellant, since remarried with another person and as the minor daughter of the appellant staying with the respondent No. 1, the said guardianship certificate issued on 8-11-91 in favour of the appellant be rescinded.

(3.) The appellant filed objection against the application filed by her mother-in-law. After hearing both parties the learned District Judge, Barpeta rescinded the said guardinaship certificate issued in favour of the appellant and appointed the respondent/opposite party No. 1 as Guardian of person and property of Anowara.