The welfare of the child is the paramount consideration in guardianship cases, overruling claims based solely on parental rights or socioeconomic status.

JUDGMENT :

Sujit Narayan Prasad, J.

The instant appeal under section 30 of the Guardians and Wards Act, 1890 is directed against the judgment dated 28.01.2023 and the decree dated 10.02.2023 passed in Original Suit No.02 of 2020 by the learned Principal Judge, Family Court, Pakur (in short, Family Judge) whereby and whereunder the petition filed under section 10 of the Guardian and Wards Act, 1890 by the appellant herein for appointment of the guardian of the person and property of the minor, namely, Sunny Murmu, has been dismissed.

2. The brief facts of the case as pleaded in the plaint having been recorded by the learned Family Judge, needs to be referred herein as:

(i) It is pleaded that Sunny Murmu (minor) is the son of the deceased Suraj Murmu and Sunny Murmu (minor) is the grandson of the above-named defendants Baburam Murmu and Kapu Tudu resided at village Baliadanaga, P.S. Pakur (Muffasil), District Pakur. The plaintiff has further submitted that Suraj Murmu was a well- educated and promising youth and his marriage was solemnized with the plaintiff/appellant Lakhimunni Marandi on 13.04.2010 according to Santhal Sarna religion and custom and plaintiff’s father Kamision Marandi is a reputed Homeopath Practitioner and he spent a lot of money in the said marriage of the plaintiff/appellant, he gifted costly articles including a new motor car to the married daughter and son in law for their use and enjoyment and a list of articles was prepared which was signed by the guests of both sides as witnesses present in the marriage ceremony and finally the articles were made over to the bridegroom’s father Baburam Murmu who signed the carbon copy of the list and he took the articles to Baliadanaga.

(ii) It is pleaded that the articles are worth above of Rs. 7 lakhs which have been described in the Schedule set at the foot of this plaint, marriage was held at Moglabandh and the plaintiff lived with husband at his home at Baliadanaga and the couple was blessed with a son who was born on 17.08.2013 and has been named Sunny Murmu. The plaintiff/appellant was a trained nurse and after marriage she desired to be a graduate and continued study after marriage and in the month of November, 2018 she went to write her B.A Exam at Deoghar when on 12.11.2018 she received a sad news of husband’s death and she rushed to Balidanga, dead body was taken to the burial place. She under shock arrived there and wanted to see face of the deceased but her father-in-law was not ready to show then she started crying and fell at the feet of father in law and then the villagers sympathetically allowed her to see.

(iii) It is pleaded that she was told by some villagers that the deceased met an accident with a tractor while running on a motor bike but no FIR was lodged or post mortem held and members in the in-law’s family were not prepared to talk about death of Suraj and they also did not like stay of plaintiff in the family any more after death of the husband. They hated the widow plaintiff and suspected her to be a witch; therefore, they looked down upon her she any how tolerated the hatred and passed miserable days there and sometime also at father’s place and in-laws tried to keep the minor Sunny Murmu disconnected from the plaintiff as the child himself told the mother that the grand parents have asked him not to talk to the mother otherwise, they would beat him.

(iv) The plaintiff has further submitted that the child felt threatened and terrorized and lastly on 04.12.2019 the in laws and their married daughter