SAIN DASS Vs. HARI PARKASH @ HARI KRISHAN

JUDGEMENT

(1.) SAIN Dass and Chanan Devi appellants herein who were petitioners in an application filed by them under Section 7 of the Guardian and Wards Act, 1890, have filed this appeal as their petition for obtaining custody of the then minor Sarita Devi was dismissed by the Guardian Judge vide orders dated Ist of September, 1987. The appeal was dismissed on 30.11.1987.

(2.) ON filing of two misc. applications, one by the mother of the erstwhile minor and other by the minor who states that she has become major on consent the main appeal was also fixed for arguments. Mr. Sarin while pressing Civil Misc. No. 2765-CII of 1996 contends that erstwhile minor has now become a major and the present appeal has become infructuous and therefore, there is absolutely no necessity to go into the merits of the case. Mr. Bahl, the learned Counsel representing the appellant vehemently opposes the prayer of Mr. Sarin. That being so, an opinion has to be expressed by this Court as to whether the erstwhile minor has become major and if so the present appeal has become infructuous or not.

(3.) AS mentioned above, an application giving rise to this appeal was filed under Section 7 of the Guardians and Wards Act, 1890. Section 3 of the aforesaid Act reads thus :-