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1927 Supreme(Lah) 58
Lahore High Court
Zafar Ali, J.
Mt Lachhmi - Appellant
Versus
Nanak Chand - Respondent
Decided On : 30-11-1927
JUDGMENT
Zafar Ali, J. - The two minor boys in this case were orphans, and their stepmother Mt. Lachhmi made an application to be appointed guardian of their persons and property. The property is situated in the Ferozepore District where the application was made. The minors live with the husband of a sister at Kasur. He opposed the application of the stepmother and applied himself to be appointed guardian of the persons and property of the minors. The Senior Subordinate Judge of Ferozepore accepted his application and rejected that of the stepmother.
2. She appeals, and her counsel contends that the proceedings of the Court below were irregular, inasmuch as the order was made without an enquiry and further because a person who did not live within the jurisdiction of the Court could not have been appointed the guardian. There can be no manner of doubt that the proceedings were summary and that no proper enquiry was made. The Court should have given an opportunity to the parties to produce evidence and show which of them was better entitled and qualified to act as guardian of the minors. Further it should have been determined which of them was better entitled under the personal law of the parties. In Askhar Ali v. Amina Begam [1911] 36 All. 280 a Division Bench of the Allahabad High Court held that the Guardians and Wards Act, 1890, contemplates that an applicant for guardianship should reside within the jurisdiction of the Court to which he makes the application. In Yusaf Ali Mamoonji v. Alibhoy A.I.R. 1925 Lah. 567 and Sheoshankar v. Khupchand A.I.R. 1925 Nag. 233 it was held that proceedings under the Guardians, and Wards Act were not summary. With these observations I accept the appeal, set aside the order of the Court below and remand the case for a fresh enquiry and decision in accordance with law.
