Parsandi vs Mehar Singh - 1961 Supreme(All) 309

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1961 Supreme(All) 309

B. MUKERJI, J. SAHAI
Parsandi – Appellant
Versus
Mehar Singh – Respondent

Advocates appeared:
S.S. Tyagi, Advocate, For the Appellant / K.C. Agarwal, Prem Chandra Srivastava and G.N. Verma, Advocates, For the Respondents

JUDGMENT

B. Mukerji, J. - This is a special appeal against the decision of a learned single Judge whereby the learned Judge dismissed a First Appeal From Order.

2. The First Appeal from Order to this Court arose out of guardianship proceedings. On the 21st of January, 1958, Mehar Singh, the respondent, applied for being appointed a guardian of Smt. Anguri Devi, who, Mehar Singh alleged, was his wedded wife. Mehar Singh's application purported to be under Section 7 read with Section 12 of the Guardian and Wards Act. There was opposition to Mehar Singh's claim to being appointed a guardian on behalf of Anguri Devi's mother, Smt. Parsandi, and one Kali Ram who also was a near relation of Anguri Devi. In this connection it may be of some consequence to notice that there was another application for guardianship by one Parma Nand who claimed to be a distant uncle of the girl, Anguri Devi.

3. In the petition the date of birth of Anguri Devi was given as 13th December, 1940. There was no allegation in the petition that Anguri Devi had ever been under the guardianship of Mehar Singh or ever stayed with him. There was, therefore, no allegation of Anguri Devi having left the guardianship of a

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