Misc(G) Case No.06/2018

20.01.2020 Applicant is present along with his learned counsel. This is an order arising out of the petition u/s 7 read with Sec.10 of the Guardians and Wards Act, 1890 filed by the petitioner, Smti. Rina Sahu for appointing her as guardian in respect of the person and property of the minor Sri Ruhit Patra. The case of the petitioner is that Sri Ruhit Patra, 16 years, 11 months, 29 days born on 30.11.2001 is the minor son of Late Anil Patra, S/O Late Simanta Patra, resident of No.1 gaon, PO.-, PS-Bokakhat, Dist. , , who is living under the care and custody of the petitioner, who is the elder counsin sister that the father of minor, Late Anil Patra was a permanent employee of Tourism Department and was working as a Projector Operator in the Office of the Deputy Director of Tourism, Kaziranga who died on 07.08.2016 at Medical College and Hospital, Jorhat, Assam, that the mother of the minor, Late Mamani Patra @ Mamoni Patra died on 03.10.2012 at No.1 Kohora gaon, PO- Kaziranga National Park, PS-Bokakhat, Dist. Golaghat, Assam, that the father of the minor i.e., Late Anil Patra had at the time of death, left the minor as a class I heir who was sufficiently entitled to inherent his respective share of the property under the provisions of Hindu Succession Act, 1956, that a Legal Guardianship Certificate in High Court Form No.J(58) or J(63) was needed to furnish to the Sr. Accounts Officer of the Office of Principal Accountant General (A&E), Assam, Beltola, for GPF(Final Withdrawal), Family pension, etc. in favour of the minor, Sri Ruhit Patra, that besides the petitioner who is the cousin sister of the minor, he have got relatives,namely, Smti. Gita Tanti as paternal aunt and Sri Prafulla Patra as paternal uncle and that to the best of the knowledge and belief of the petitioner, no guardian of the person and property of the minor has ever been appointed by any court. Hence, the petitioner has Contd. 20.01.2020 prayed for appointing her as guardian of the minor both for his person and his property. Upon perusal of the case record, it appears that general and special notices were duly served upon the opposite parties but the OP No.2 did not turn up and so, the case proceeded ex- parte against her but the OP No.1 appeared in the case and filed a petition stating that she had no objection if the court allowed the guardianship certificate of the minor, Sri Ruhit Patra in favour of the petitioner and accordingly, this court accepted her petition. During trial, the petitioner examined herself as PW1 in the case and exhibited some documents. PW-1, the petitioner in her evidence-on-affidavit reiterated the same facts as stated in the petition and exhibited the following documents in the case in support of his case :- Ext.1 Misc(G) Petition. Ext.2 Original copy of birth certificate vide Registration No.248 dated 22.02.2002 issued by Sub-Divisional Health Officer. Ext.3 Original copy of Death Certificate vide Registration No.D-2016: 18-90166-000090 dated 15.09.2016 issued by Registrar, Birth and Deaths, Jorhat Medical College and Hospital, Jorhat. Ext.4 Original copy of Death certificate vide Registration No.45/18 dated 06.07.2018 issued by Kohora P.H.C. Ext.5 Original copy of Legal heir certificate vide No.BRA 1/2016/365 dated 21.12.2016 issued by Sub-Divisional Officer, Bokakhat. Ext.6 Original copy of Letter issued by Office of the Deputy Director of Tourism, Kaziranga. Since PW1 was not cross-examined, her evidence remained unrebutted and so, by such evidence, she has been able to prove the case. Considering all these aspects, the petition of the Misc(G) Case No.06/2018 Contd. 20.01.2020 petitioner is allowed. Petitioner Smti. Rina Sahu is hereby appointed as guardian for the minor Sri Ruhit Patra in respect of his person and properties till he becomes a major. Issue Guardianship Certificate in the name of the petitioner for the minor Sri Ruhit Patra. Accordingly this Misc(G) Case is disposed of.

Addl. District Judge, Golaghat.