SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Smt. Neha Sharma vs Mohan Kumar Sharma on 2 January, 2018

1
HIGH COURT OF MADHYA PRADESH
MP No. 1771/2017
( Smt. Neha Sharma v/s Mohan Kumar Sharm Others)

Gwalior, Dated : 02.01.2018

Shri H.K. Shukla, learned counsel for the petitioner.
None for the respondents.

Petitioner has filed this miscellaneous petition being
aggrieved by order dated 22.11.2017 passed by I st Additional
District Judge, Dabra, whereby an application filed by the
petitioner under the provisions of Guardians and Wards Act,
1890 (hereinafter shall be referred to as “Act of 1890”) has
been rejected.

It is petitioner’s contention that the petitioner is a ‘Bua’
of the minor Akshat, who is son of her only brother late Mr.
Vivek Sharma. Mr. Vivek Sharma has died and mother of
minor Akshat, namely Smt. Pooja has contracted second
marriage with respondent No. 1-Mohan Kumar Sharma and,
therefore, petitioner is entitled to have custody of the minor
in terms of the provisions contained in Section 25 of the Act
of 1890.

Learned trial Court has dealt with this issue and has
held that respondent No. 2 Pooja is the natural guardian of
the minor and merely because she has re-married, that will
not prejudice her position as a guardian.

In view of such facts, since petitioner has failed to
make out a case to be declared as guardian of the minor and
it is apparent from the cause title that petitioner is already
married and is having her own family, the Court below has
not committed any irregularity or illegality in rejecting the
claim of the petitioner to declare her as a guardian of the
2
HIGH COURT OF MADHYA PRADESH
MP No. 1771/2017
( Smt. Neha Sharma v/s Mohan Kumar Sharm Others)

minor. Thus, there is no illegality or short-coming in the
impugned order calling for interference. The petition fails and
is dismissed.

(Vivek Agarwal)
Judge

shanu

SHANU Digitally signed by SHANU RAIKWAR
DN: cIN, oHIGH COURT OF M.P. BENCH
GWALIOR, ouHIGH COURT OF M.P. BENCH

RAIKWA
GWALIOR, postalCode474011, stMadhya
Pradesh,
2.5.4.204b8cc90e2c031d17822c0ff01e8d
82f066eb0af9b24fda748efdb5c23a95ab55,
2.5.4.450321002B3A86ABD545896430F8

R
D13E1E06DB57AA507F1E087D30ADC14DF
5C72D6BC0E9, cnSHANU RAIKWAR
Date: 2018.01.05 12:09:30 +05’30’

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2018 SC and HC Judgments Online at MyNation
×

Free Legal Help just WhatsApp Away

MyNation HELP line

We are Not Lawyers but No Lawyer will give you Advice like We do

Please CLICK HERE to read Rules of Group, If You agree then Message us on Above Number.

We handle Women centric biased laws like False 498A, Domestic Violence(DVACT), Divorce, Maintenance, Alimony, Child Custody, HMA24, 125 CrPc, 307, 313, 376, 377, 406, 420, 506, 509 etc

Web Design BangladeshWeb Design BangladeshMymensingh