Hon’ble Rakesh Tiwari, J.—Heard learned counsel for the parties and perused the record.

2. This First Appeal From Order has been filed by appellant Smt. Vinod Kumari wife of late Jitendra Pal Singh resident of village Madara,Pargana and Tehsil Kol District Aligarh against the judgment and order dated 14.4.2010 passed by the Additional District Judge, Court No. 3 Aligarh in Misc. Case No. 58 of 2004, Smt. Draupati Devi v. Smt. Vinod Kumari. The aforesaid Misc. Case was allowed by the Court below appointing Smt. Draupati Devi wife of late Chandrapal Singh, the grand-mother of the two minor sons of late Jitendra Pal Singh namely, Madhupendra Pal Singh and Ankit Kumar as guardian on the application made by her under Section 8 of the Hindu Minority and Guardianship Act, 1956 (hereinafter referred to as the Act).

3. Jitendra Pal Singh was father of Madhupendra Pal Singh and Ankit Kumar. He had earlier married with Smt. Chokhi from whom Madhupendra Pal Singh was born. After the death of her first wife Smt. Chokhi some where in the year 1994, Ankit Kumar was born out of the wedlock of Smt. Vinod Kumari with whom Jitendra Pal Singh performed second marriage.

4. It appears from the r