Ahsanuddin Amanullah, J.-Heard Mr. Manojeshwar Prasad Sinha for the appellant and Mr. Amarendra Nath Verma for the respondent.

2. The present Miscellaneous appeal has been preferred by the appellant against the order dated 17.5.2011 passed by the Principal Judge. Family Court Bettiah in Miscellaneous Case No. 40 of 2008. The case was filed by the respondent under Section 7 of the Guardians and Wards Act, 1890 for declaring him as guardian of the minor child Raja Babu. The respondent is the maternal uncle of the said boy namely.

Raja Babu and appellant is the father.

3. The brief facts necessary for the disposal of the present appeal are noted herein below. The appellant was married to the sister of the respondent on 26.11.2005 and as alleged she was burnt to death by the appellant and his family members on 26.2.2008. leading to institution of Shikarpur P.S. Case No. 49 of 2008. under Sections 304-B and 498-A of the Indian Penal Code. The cause for making such application was that the appellant was of young age and was going to remarry and was threatening to kill the minor child and was in a position to expose the said minor to a situation in which he would die and in case of s