Smt. Rukmani Devi And Another vs Smt. Suman Jankavat And Another
2022 Latest Caselaw 15237 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- FIRST APPEAL No. - 164 of 2021
 

 
Appellant :- Smt. Rukmani Devi And Another
 
Respondent :- Smt. Suman Jankavat And Another
 
Counsel for Appellant :- Arvind Kumar Tiwari
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Rajendra Kumar-IV,J.

Heard Sri Arvind Kumar Tiwari, learned counsel for the plaintiff-appellant.

We have perused the office report dated 15.06.2021, 26.10.2021/ 08.10.2022 and 22.03.2022 and we find that the service of notice upon the respondent-defendant No.1 is sufficient.

This appeal has been filed by the appellants-plaintiffs praying to set aside the judgment and order dated 26.06.2000 in GW Application No.04 of 2018 (Smt. Rukmani Devi And Another vs. Smt. Suman Jankavat And Another) under Section 7 of the Guardian and Wards Act, 1890 passed by the Principal Judge, Family Court, Hathras.

The appellant No.1 is the mother-in-law and the appellant No.2 is the husband of the defendant-respondent No.1. From the perusal of the impugned ex parte judgment and order, it appears that from the wedlock of the applicant-appellant No.2 and the defendant-respondent No.1, two daughters namely Vaisnavi and Ananya were born, who are minor. The applicants-appellants being grandmother and father of the aforesaid two minor children have filed the Application under Section 7 of the Act, 1890, which has been rejected by the impugned judgment dated 26.02.2020 only on the ground that the defendant-respondent/ wife has never appeared in the case and has not produced the aforesaid two minor children who are living with her who is the natural guardian. It shall not be out of place to mention that the court below even after finding the service of notices upon the respondent No.1 to be sufficient, also got the notices published in the newspapers and yet the respondent had not appeared. As per office report as aforementioned, despite the service of notices, the respondent has not put in appearance before this court in the present appeal.

For all the reasons afore-stated, the impugned judgment and order dated 26.02.2020 deserves to be set aside and is hereby set aside. The appeal is allowed. The GW Application No.04 of 2018 is restored to its original number. It is directed that the court below shall decide the aforesaid case in accordance with law on merit expeditiously. The appellants shall be at liberty to lead such evidences as they may think fit.

Order Date :- 31.10.2022

NLY