Smt. Dipali Das vs The World At Large
2024 Latest Caselaw 1747 Tri

Tripura High Court

Smt. Dipali Das vs The World At Large on 5 November, 2024

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

                                         Page 1 of 3




                              HIGH COURT OF TRIPURA
                                    AGARTALA
                                 FA NO.05 OF 2024

  Smt. Dipali Das,
  W/o Lt. Tapan Kumar Das,
  Resident of Vill, Bairagi Tilla,
  Barjala, P.O. Barjala, P.S.- West Tripura,
  Dist-West Tripura.
                                                            -----Appellant(s)

                                          Versus

  The World at Large
                                                       -----Respondent(s)

For the Appellant(s) : Mr. S. Datta, Advocate.

       For the Respondent(s)             : None.

       Date of hearing and delivery of
       Judgment & Order              : 05/11/2024.

       Whether fit for reporting         : No.


                              BEFORE
               HON'BLE MR. JUSTICE T. AMARNATH GOUD
                HON'BLE MR. JUSTICE BISWAJIT PALIT

                        J U D G M E N T & O R D E R(ORAL)

(T. AMARNATH GOUD, J)

This is an appeal under Section 47 of the Guardians and

Wards Act, 1890, read with Section 96 of the Civil Procedure

Code, 1908, against the order dated 28.02.2024 passed by the

learned District Judge, West Tripura, Agartala in Civil Misc. (GC)

19 of 2023.

2. The brief facts of the case is that the appellant filed

an application under Section 10 of the Guardians and Wards Act,

1890, read with Section 8 of the Hindu Minority and Guardianship

Act before the learned District Judge, West Tripura, Agartala, for

the appointment of a legal guardian of the minors, namely Miss

Tania Das, aged about 16 years, and Miss Sonia Das, aged about

10 years, and for the sale/partition of the properties of the minors

to mitigate the educational expenses and maintenance of her

minor daughters. A general notice was published in the daily local

newspaper "Tripura Darpan" dated 23.11.2023 to inform the

general public and any interested persons about the filing of the

aforesaid application by the appellant herein. Since no one

appeared, the case was fixed for evidence. The appellant adduced

her evidence, and after hearing the parties, the learned court

below appointed the appellant as the legal guardian of her two

minor daughters and allowed the partition of the property

mentioned in the schedule but did not permit the sale of the said

property for the welfare of the minors. Hence, the appellant

prefers this appeal.

3. Mr. S. Datta, learned counsel appearing for the

appellant, submits that the appellant is a housewife and has no

source of income, and is facing severe hardship in meeting the

educational expenses and maintenance of her minor daughters.

Therefore, he prays before this court to allow the appellant to

partition/sell the property mentioned in the schedule of the

application.

4. Heard and perused the record.

5. In terms of the arguments given on the record, this

present appeal stands allowed and the sale of the impugned

property is permitted. The sale proceeds is to be divided into

3(three) equal parts. 2(two) parts of the said sale proceeds shall

be deposited as fixed deposits in a nationalized bank,

independently, in favor of the appellant's two minor daughters.

The said amount would be there till both the children attains their

age of 20(twenty) years. The appellant-mother is entitled to use

the remaining third portion for herself and also for the care and

dedication of her minor daughters.

6. With the above observations, this present appeal

stands allowed and thus disposed of. As a result, any stay

granted, if applicable, is vacated. Any pending application(s), if

any, also stand closed.

                           B. PALIT, J                             T. AMARNATH GOUD, J


    suhanjit

RAJKUMAR       Digitally signed by
               RAJKUMAR SUHANJIT
SUHANJIT       SINGHA
               Date: 2024.11.08 12:37:43
SINGHA         +05'30'