SHAMBHU DEVI W/O KULPATI SINGH RESIDENT OF VILLAGE Vs. AAYUSHI ALINGAN D/O SUJATA KUMARI (MOTHER AND AJAY SHARMA (FATHER) RESIDENT OF KARAEE, P.O.

JUDGEMENT

(1.) Appellant/applicant filed instant appeal against judgment and order dated 07.02.2013 passed by IXth Additional District Judge, Muzaffarpur (wrongly mentioned as IXth Additional Sessions Judge) in Guardianship Case No.3 of 2011/01 of 2012 whereby and where under the learned lower court had dismissed the petition.

(2.) Considering pendency of instant petition for admission since 2013 and as presence of respondent had already procured, on account thereof, with the consent of the parties the matter has been heard on merit at the present stage itself and is being decided, accordingly.

(3.) Shorn of unnecessary details, it is evident that appellant/applicant filed petition for her appointment as a guardian of person and properties of the minor, namely, Aayushi Alingan who happens to be daughter's daughter (Natini) of the applicant. To substantiated such plea, it has been submitted that applicant's daughter Sujata Kumari was married with respondent/opposite party Ajay Sharma on 25.06.2006 and during continuation of the marriage, Aayushi Alingan begotten on 22.08.2008 at the Nursing Home of Dr. Ranjana Mishra, Juran Chapra in the town of Muzaffarpur. Sujata Kumari along with daughter Aayushi Alingan came at her place and while she was staying there, respondent/opposite party insisted for Bidai but her daughter did not show inclination to go to her Sasural however, at the intervention of well-wishers differences were shorted out and she along with Aayushi Alingan gone to her Sasural where during course of stay she was subjected to torture at the hands of respondent/opposite party for fulfilment of demand of dowry to a tune of Rs.1 lac and as, the same was not fulfilled, she ultimately met with dowry death and for that, criminal case was instituted whereupon Sessions Trial No.872 of 2009 is going on before the court of Fast Track Court No.2, Muzaffarpur. It has also been narrated that since after death of her daughter, Aayushi Alingan is under her care as well as guardianship. However, for having proper acceptance in the eye of law, applicant's appointment as a guardian of person as well as property of Aayushi Alingan became necessary and for that, the said petition has been filed. It has also been disclosed that no other petition at an earlier occasion consisting aforesaid prayer had ever been filed at the end of applicant nor there happens to be any sort of impediment in granting the relief.