SUPREME COURT OF INDIA

Before:- D.P. Mohapatra and Doraiswamy Raju, JJ.

Civil Appeal No. 11911 Of 1996. D/d. 22.2.2001.

Chandra - Appellant

Versus

Balasubramania Mudaliar (Dead) by LRs - Respondents

Guardians and Wards Act, 1890, Sections 7 and 10 - Appointment of guardian - Both parents of children died within gap of 6 days - Respondent No. 2, maternal grandfather, appointed as guardian - Grandfather also died during pendency of appeal before Supreme Court - Age of children aged 19 and 17 years - Matter remanded to trial court for considering the necessity of appointing guardian in view of changed circumstances.

[Paras 2 to 4]

ORDER

D.P. Mohapatra, J. - We have heard Shri K.B. Sunder Rajan, learned counsel for the appellant. None appears for the respondents despite service of notice on them.

2. The controversy raised in this case relates to appointment of guardian for two minor children, Chitra (daughter) and Vetrivel (son). The appellant is the aunt of the children (wife of elder brother of their father) and the respondent no.2 was appointed as guardian by the Court was the maternal grandfather. Both the parents of the children died within a time gap of six days, father died on 14th November 1991 and mother on 20th November 1991. Considering the application filed by the appellant under Sections 7 and 10 of the Guardians And Wards Act, 1890, the Trial Court appointed respondent no.2 as the guardian of the children.

3. Unfortunately, respondent no.2 has also expired during pendency of the appeal in this Court. It is stated by learned counsel for the appellant that Chitra is aged about 19 years and Vetrivel is aged 17 years.

4. Considering the facts and circumstances of the case and the developments which have taken place during pendency of the litigation, we are of the view that it will be appropriate to set aside the order of appointment of respondent no.2 as guardian and remand the matter to the trial Court for consideration. The trial Court will consider whether in the changed circumstances it is necessary to appoint any guardian and if so, who should be appointed as guardian, and dispose of the matter according to law after giving notice to the parties. The proceeding should be disposed of expeditiously. The appeal is disposed of in the manner aforesaid. No cost.

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