NAREN KHAKHLARI Vs. SWAPNA BALA BORO

JUDGEMENT

(1.) Heard Mr. K. K. Phukan, learned counsel for the appellant. Also heard Mr. M. A. Sheikh, learned counsel representing the respondent No.1. Ms. F. Intaz, learned counsel, appears for the respondent No.5. None has appeared for the remaining respondents.

(2.) In the impugned order dated 05.12.2012, the learned District Judge, Goalpara had recorded a finding that the respondent No.1 viz., Swapna Bala Boro, suffers from mental illness but the prayer for appointment of a guardian was rejected on the ground that one of her daughters had in the meantime attained majority and therefore, had stepped into the shoes of her deceased husband for getting the benefit of relief from the department on the strength of the succession certificate. It may be mentioned herein that the respondent Page No.# 3/6 No.1 is the wife of deceased Norin R. Momin, an employee of the Govt. of Meghalaya, who died in harness leaving behind his wife i.e. the respondent No.1, two daughters and one son.

(3.) Mr. Sheikh, learned counsel appearing for the respondent No.1, has supported the contentions of the appellant's counsel and argued that this is a fit case where a guardian ought to be appointed for the respondent No.1.