IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL REVISION APPLICATION NO. 431 of 2022 ================================================================

SHOBHNABEN VISHNUJI THAKOR Versus STATE OF GUJARAT ================================================================

Appearance:

MR DIPAK R DAVE(1232) for the Applicant(s) No. 1 MR MANRAJ BAROT, AGP for the Opponent(s) No. 1 ================================================================

CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA Date : 01/09/2022

ORAL ORDER

1. When the matter is taken up for hearing, learned advocates for the respective parties, at the outset have submitted that the present matter may be disposed of in view of the order passed by this Court in an identical matter being Civil Revision Application No.433 of 2017 vide order dated 12.01.2018.

RULE. Learned AGP waives service of notice of Rule.

2. The present Revision Application is filed against the order dated 13.05.2022 passed by Principal Judge, Family Court, Gandhinagar in Misc. Civil Application No.18 of 2021, whereby permission for appointing the applicant as a guardian of minor children namely, Mittal Vishnuji Thakor and Priya Vishnuji Thakor, has been rejected on the ground of jurisdiction. By filing this revision application, simultaneously permission is also sought for sale of the land in question as stated in paragraph No.3 of the memo of the application of Misc. Civil Application No.18 of 2021 (Old Misc. Civil Application No.17 of 2021).

FACTS

3. The applicant - Shobhanabhen Vishnuji Thakor was married to one Vishnuji Jenaji Thakor. Out of the said wedlock, one son namely, Chandan, who is major and two minor daughters namely, Mittal and Priya were born. The age of the minor daughters, is 17 years and 12 years respectively and the applicant is the natural guardian of both the minor children. It is submitted that both the minor daughters are residing with the applicant since childhood, whose custody, being a mother, is with the applicant. The daughters are having a share in the land situated at Survey No.4 of Account No.91, Village Amiyapur, Tal. & Dist. Gandhinagar, admeasuring 1-37-59 Hector-Are-Sq. mtrs. Based upon the claim that the applicant is looking after well-being and education of the minor daughters, a request is made to appoint her as a lawful guardian, for which an application was filed before Principal District and Sessions Court, Gandhinagar by way of Civil Misc. Application No.17 of 2021, which was thereafter transferred before Principal Judge, Family Court, Gandhinagar and re-numbered as Misc. Civil Application No.18 of 2021, by invoking provisions of Sections 8 and 10 of the Hindu Minority and Guardianship Act, 1956 (for short “the Act”), in the month of March, 2021.

3.1 The said proceedings were taken up for hearing by the Principal Judge, Family Court, Gandhinagar, who, after considering the facts of the matter, dismissed the said application by the order dated 13.05.2022 holding that it has no jurisdiction to entertain the application and it is this judgment and order, which is made the subject matter of present Civil Revision Application.

4. Learned advocate Mr.Dave appearing for the applicant has submitted that the land in question is the ancestral property and as many as 32 persons are the joint owners of the said property. He has submitted that the land in question is an agricultural land and no agricultural operation has retained profit by now and, therefore, in view of the welfare of the family and also minor Mittal and Priya and also in fact that the expenses of minor Mittal and Priya are required to be borne by the applicant, who is a widow and is single handedly managing the affairs of the family, all the owners inter se have decided to sell the agricultural land and invest the outcome in some profitable scheme for the bright future of the children. He has submitted that in Civil Misc. Application No.17 of 2021, the Principal District Judge, Gandhinagar, passed order dated 23.03.2021