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Yogesh Sharma v. District Judge & Others - WRIT - C No. 61877 of 2005 [2005] RD-AH 3417 (22 September 2005)


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Hon'ble Sushil Harkauli, J.

Hon'ble Umeshwar Pandey, J.

The petitioner is the father of minor girl, born in 1994. The mother of the girl has died and the girl is being brought up by respondents no. 2 and 3, who are the maternal grand father and grand mother of the girl. The petitioner has remarried after the death of his first wife.

An application under Section 10 of the Hindu Minority and Guardianship Act has been moved by respondents no. 2 and 3 for being declared guardian of the minor girl. The petitioner wants a mandamus from this Court directing the District Judge, Hathras, to decide the said Guardianship Act application early.

It does not appear that the petitioner has made an application for custody of the minor and, therefore, even if the application under Section 10 of the Act, moved by respondents no. 2 and 3, is rejected, the petitioner will not get the custody of the child. Therefore, there is no urgency from the side of the petitioner.

In view of above, the writ petition is dismissed.

Dated : 22.9.2005.


Writ No. 61877-05.


Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites


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