WALIMA KHATOON Vs. KABIRUDDIN

JUDGEMENT

(1.) This is an application by the mother of a minor girl Bibi Ruksana against an order refusing to reconsider the order appointing the opposite party who is the grandfather of the minor as guardian of the person ant) property of the minor under the provisions of the Guardians and Wards Act.

(2.) The short facts are these. On 7-7-1951, Zahuruddin, father of the minor girl, died leaving a widow, the petitioner, and the minor child. Sometime in March, 1952, the petitioner remarried the brother of her former deceased husband. On 21-5-1955, the opposite party namely the grandfather of the minor girl, made an application before the District Judge of Bhagalpur for his being appointed as guardian of her person and properties. On 6-6-1955 the Court ordered for service of general notices and also for service of notice on the petitioner. On 10-6-1955, the opposite party himself received all the notices including the notice of the petitioner. On 7-7-1955, the petitioner was, however, divorced by her second husband and she went to live with her father at his house. As no one objected to the appointment of the opposite party as the guardian of the minor, he was appointed a guardian of her person and properties on 23-7-1955. On 4-8-1955, the petitioner alleged, she got knowledge of the above appointment and on 8-8-1955, she filed objection to his appointment and made a prayer for re-calling the order of appointment. This application was dismissed by the learned Second Additional District Judge who heard it and hence this civil revision application has been presented by her in this Court.

(3.) The learned Additional District Judge rejected the application of the petitioner on two grounds, namely, (1) that the application was barred by Section 48 of the Guardians and Wards Act and (2) that no fraud was practised by Kabiruddin, the opposite party, in the matter of service of notices on Bibi Walima, the petitioner.