LALTA PRASAD Vs. GANGA SAHAI

JUDGEMENT

(1.) THIS is a "revision application by the father of two minor boys above the age of five years against an order of the District Judge, Jaipur City, Jaipur, appointing their grandfather as their interim guardian under Section 12 of the Guardians and wards Act (hereinafter referred to as the Act ).

(2.) THE parties are Hindus and there is no finding of the learned District Judge that the father is unfit to be their guardian. It is contended on behalf of the petitioner that the learned District Judge had no jurisdiction to appoint the grandfather as interim guardian in view of Section 19 (b) of the Act. Reliance was placed on a decision of this Court in Rafiq v. Smt. Bashiran, 1963 Rai LW 229 = (AIR 1963 Raj 239 ).

(3.) THAT case is distinguishable inasmuch as the parties were Mohammadans and section 13 of the Hindu Minority and Guardianship Act, 1956 did not apply there.