Welfare of minor children prevails in financial decisions, justifying release of funds from FDRs to their grandfather for day-to-day expenditures.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through video conferencing.

2. Petitioner No. 1, who is the grandfather of Petitioner No.2 and 3, has filed the present petition, seeking release of the fixed deposits for the benefit and welfare of the children, which was originally in the name of the mother of the children. The Petitioner had submitted that due to a settlement, the said FDRs have been transferred in the names of the Petitioner No. 2 and 3.

3. The brief background is that a MACT petition bearing no.42/12 for compensation qua accidental death of the deceased, had been initiated by the legal heirs of the deceased before the MACT Court, Central District, Tis Hazari Courts. The Petitioner No.1 is a father of the deceased. Vide judgment dated 19th March 2013, the ld. MACT Court had directed the Insurance company to pay a sum of Rs.15,73,600/- to the legal heirs of the deceased. This order was appealed before the High Court in MAC Appl. No. 737/2013, wherein, vide order dated 14th October 2014, the appeal filed was dismissed, and the compensation amount was increased to Rs.21,18,208/-. 80% of the said amount was kept in favour of the Deceased's wife in FDRs, and the rest was released to her at once, post which, she left for her paternal house, leaving the children to be taken care of by the Petitioner-Grandfather. The Petitioner No.1's daughter in law i.e., the wife of the deceased and the mother of Nandani and Muskan, has since, remarried and has taken her share of the interest from the fixed deposits. Thereafter, vide order dated 1st February 2021, this MACT court directed the wife of the deceased to transfer the five FDR's which she was holding in her name, in different bank accounts to the two minor children that is Nandani and Muskan in equal share, and her statement qua the same was recorded. Thereafter, the Petitioner had moved an application before the MACT Court, for release of pre-matured FDRs with interest, as he was taking care of the children and required money for day-to-day expenditures.

4. Vide the impugned order dated 25th February 2021, passed by the Presiding Officer-MACT-02 (Central), the said application of the Petitioner-Grandfather has been rejected. The observations of the MACT Court are as under:

"During the pendency of the first application mentioned above, an application U/s 151 CPC was moved on behalf of Sh. Feku Lal as a next Friend of minor claimants namely Muskan and Nandani for premature release of the shares of Muskan and Nanadani on the grounds that the applicant who also happens to be the grandfather (Sh. Feku Lal), is about 73 years old, has no source of income, residing in a Kachcha house and has taken a loan of Rs.1,50,000/- against his land. It seems that Sh. Feku Lal, grandfather/Next Friend of the minor applicants Muskan and Nandani seeks premature release of shares of the said minors in order to repay the loan of Rs.1,50,000/- secured against his immovable property. However, the applicant Sh. Feku Lal is unable to justify the reasons for which he has availed the said loan. He has not stated the expenses as incurred by him for the benefit of the minors namely Muskan and Nandani out of the said loan. Accordingly, this tribunal finds it inappropriate to allow the said application. Hence the said application stands dismissed."

5. Hence, the present petition has been filed challenging the said impugned order. The case of the Petitioner is that he has been taking care of his grandchildren for the past seven years and has incurred expenditure in their upbringing, however he has not received any part of the amount that is meant for the benefit of these children. Accordingly, six indicated FDRs are prayed to be released