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Judgment
Hon''ble Pankaj Mithal, J.—One Ambrish Kumar, died leaving behind his two minor children Km. Pranvi aged 7 years and a son Shaurya aged 3 years. Smt. Savitri Devi, the grandmother of the children has applied under Sections 7 and 8 of the Guardians and Wards Act, 1890 (hereinafter referred to as the Act) in the District Court of Muzaffarnagar, for her appointment as the guardian of the above two children. It has been registered as Guardianship Case No. 581 of 2009 Smt. Devi Vs. Raman Lata.? It is pending in the court of Additional District Judge, Court No. 7, Muzaffarnagar.
Apart from the above,? Jainand Tyagi, maternal grandfather? and Angoori Devi, maternal grandmother? (Nana & Nani) of the children have? applied under Sections 7 and 10 of the Act separately for their appointment as guardian vide Misc. Case No. 6 of 2009 in the District Court of Saharanpur.
In addition to the above, Vinod Tyagi, uncle (Taau) of the children have filed Misc. Case N0. 44 of 2009 under Sections 7, 8 and 29 of the Act in the District Court of Saharanpur for his appointment as guardian of the children.
The Additional District Judge, Court No. 7, Muzaffarnagar before whom Guardianship Case No. 581 of 2009 was filed in view of Section 14(2) of the Act has referred this matter to the court for determination as to in which of the courts the aforesaid matter regarding appointment of guardian of the two children shall be dealt with.
On the administrative? direction/endorsement No. 1417/Misc.11 dated 05.11.11 on the? the aforesaid A.D.J. was required to send the copies of the relevant papers of the aforesaid all the three cases.
On receiving? above papers this matter has been registered as Transfer Application (Civil) No. 219 of 2012 and has been placed before the Court.
It is not a transfer application u/s 24 C.P.C. In fact it is reference u/s 14 of the Act by the court below for the opinion of the High Court as to determination of the court before whom the matter of appointment of the guardian of the children is to be proceeded with. Therefore, it has to be registered as a reference u/s 14 of the Act with the title "In the matter of appointment of guardian of? minors of the deceased Ambrish Kumar."
Let the cause title of the case may be accordingly corrected and renumbered. Issue notice to Smt. Savitri Devi, Jainand Tyagi, Angoori Devi, Vinod Tyagi and the mother of the children Smt. Raman Lata by registered post returnable at an early date calling upon them to show cause why all the above three cases may not be clubbed together and to express their desire as to before which court they would like the matter to be proceeded with fixing 16th August, 2012 as the next date.