ABDUL AHAD BHAT Vs. TABASUM MANZOOR

JUDGEMENT

(1.) Short controversy involved in this Revision Petition relates to maintainability of the application for amendment of a petition under Section 25 of Guardian and Wards Act 1977 (1920 AD). The controversy arises in the following circumstances:

(2.) The Petitioners herein are Paternal Grand Parents of Master Noman Manzoor and Respondent is mother of the minor. The Petitioners, after sad demise of Shri Manzoor Ahmad Bhat - father of Master Noman Manzoor on 8-1-2008, filed a petition under Section 25 of Guardian and Wards Act for custody of Shri Noman Manzoor. The parties settled the matter amicably and in terms of compromise the Petitioners, were appointed as Guardians of person and property of the minor. The compromise was recorded by learned 1st Additional District Judge Srinagar and in terms of compromise on 25-3-2008, the Guardianship Certificate for person and property of Shri Noman Manzoor son of Late Manzoor Ahmad Bhat resident of Solina Payeen, Srinagar, aged 15 months was granted in favour of the Petitioners. The Respondents herein aggrieved of the order filed a Civil First Miscellaneous Appeal before this Court. The Appeal was allowed on 28-7-2009 and the order dated 25-3-2008, appointing the Petitioners as Guardian of person and property of the minor was set aside and the matter remanded to the Court of 1st Additional District Judge Srinagar for its disposal in accordance with provisions of Guardians and Wards Act 1977 (1920 AD). This Court held that appointment of Guardian fell beyond scope of petition under Section 25 of the Guardians and Wards Act and the Court below had no jurisdiction to appoint the Guardian of person and property of the minor, even on compromise entered into by the parties and with the consent of the parties. It was observed:

(3.) The Petitioners, after the case was received by the Court of 1st Additional District Judge, Srinagar, filed an application for amendment of the petition under Section 25 of the Act. The Petitioners proposed to amend the petition under Section 25 of the Act and through amendment incorporate prayer for their appointment as Guardian of the person and property of the minor. The Petitioners in effect intended to convert the petition under Section 25 of the Act into one under Section 7 of the Act. The Trial Court vide order dated 11-11-2009 rejected the prayer for amendment of the petition. The order dated 11-11-2009 is impugned in the present Revision Petition.