(1) The present appeal is against the order of the District Judge refusing to appoint the uncle of the minors as the guardian of the person as well as the property of the minors. The minors are Jagdish Chander and Vijay Kumar sons of Shri Ram Saran Das. Their natural mother is Mst. Sheela Devi and she is living, though she has remarried. The dispute is between the uncle of the minors on the one hand and the mother on the other. The trial Court did not appoint the guardian of the person of the minors in view of the fact that the mother was their natural guardian.
He, however, appointed the mother as the guardian of the property, in preference to the uncle. It seems he completely lost sight of Section 6 of the Hindu Minority and Guardianship Act (No. 32 of 1956). Under this provision, in the absence of the father, mother is the natural guardian of both person and property. Therefore, no guardian of the person as well as property can be appointed in the presence of the mother, unless it was shown that the mother had in some way made herself unfit to retain the custody of the minors or the custody of the property of the minors.
All that has been shown on the present record is that mother has remarried and this is not one of the disqualification's under the Act. I would, therefore, confirm the order of the District Judge with this modification that the petitioners of Bakshi Ram as well as of Mst. Sheela the mother of the minors would stand dismissed, as in law the mother is the natural guardian of the person as well as the property of the minors. She would be entitled to retain the custody of the person as well as of the property of the minors. There will be no order as to costs of this appeal.
BD/V. R. B.
(2) Order confirmed.