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1990 Supreme(Pat) 332

BHUVANESHWAR PRASAD
Bimla Devi – Appellant
Versus
Subhas Chandra Yadav Nirala – Respondent


Judgment

1. This is an appeal filed under S. 47(a) of the Guardians and Wards Act, 1890 (hereinafter referred to as the 1890 Act). It is directed against the judgment dated 15-7-1986 passed by Shri Bharat Prasad Sharma, IVth Additional District Judge, Gaya, in Guardian Case No. 4 of 1985 / 163 of 1983.

2. It appears that originally one Raj Nath Mahto, Maternal grandfather of the three minor girls, had filed this case before the learned District Judge, Gaya, under S. 7 of the 1890 Act for being appointed as their guardian. It was registered as Guardian Case No. 163 of 1983. Subsequently on his death the present appellant his widow has been substitued in his place. From the petition filed by Raj Nath Mahto before the learned District Judge it would appear that one Bharati Kumari was his daughter who was married to the present respondent in the year 1976. At that time, the respondent was working as Chargeman in the C. L. W. Chittranjan, Eastern Railway and Bharati Kumari, the deceased daughter, was auxiliary Nurse Midwife in Jamtara Block, she however, resided at Chittarajan with her husband. Three daughters were born to her out of this wed-lock. However, since Bharati Kumari herself w























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