JUDGMENT

Special leave granted.

2. Pradipkumar Karunashanker Joshi was married to Kumudlata. A son named Vishal was born on July 20, 1979 and a daughter Rachna alias Rikta on August 12, 1981. Unfortunately, Kamudlata died on January 12, 1991 and the cause of death mentioned in the postmortem report was "cardiorespiratory arrest due to some chemical poisoning................" The husband Pradipkumar is facing criminal charge under S. 498A Indian Penal Code. On February 17, 1991 the police recorded statements of the children.

3. Pradipkumar and family were residing at Rajkot. After the death of Kumudlata, Vishal and Rikta left their fathers house and went to Jamnagar to live with the family of their mothers brothers/sisters. Since then both the children are living with their maternal uncle Kirtikumar Maheshankar Joshi.

4. Kirtikumar, brother of Kumudlata deceased, filed an application before the District Judge, Jamnagar under the Guardians and Wards Act (Act) on February, 13, 1991 seeking a declaration that Pradipkumar, the father of the children, was unfit to be the guardian of Vishal and Rikta and a further prayer that he be appointed as guardian of the minor children. An interim inju