Court Guardian
malaisamy
(Querist) 16 August 2010
This query is : Resolved
Respected Sirs,
I am a practising advocate in Tamil Nadu.
1. An original suit was filed by the mother of the deceased claiming 1/4 share against the wife and children of the deceased.
2. When the suit was posted for cross examination of PW 1 the Honourable Court passed an order setting the 1st defendant aside as the counsel for the defendants was not ready to cross examine the plaintiff even after sufficient oppertunities and the matter was posted for appointment of Court Guardian on the next hearing since the defendants 2 and 3 are minors.
3. On the next hearing on 04.08.2010 I was appointed as Court Guardian for the welfare of the minor defendants 2 & 3. I have sent a registered letter to the 1st defendant on 09.08.2010 informing about my appointment and also calling upon her to come and meet me. She received the letter on 11.08.2010 but she failed to come and meet me.
4. On 16.08.2010 the 1st defendant filed a petition under Order 9 Rule 7 to set aside the exparte order passed against her stating that she knew about the appointment of Court Guardian through her advocate few days before.
My Questions follows.
1. Whether the petition is maintainable?
2. The petitioner/1st defendant knew very well about my appointment on 04.08.2010 itself and at the same time she has concealed the regd letter sent by me.
3. Whether the Court can remove me using its descretionry power?
4. I wish to conduct the case for the welfare of the minors but the 1st defendant and her father are not ready to co operate with me.
Guide me in this regard and please give me the citations regarding the matter
Chanchal Nag Chowdhury
(Expert) 17 August 2010
1.Yes,if her reasons are considered adequate.
2.Plead that in court. A personal advice--Do not show too much interest- it may cast doubts about your integrity.
3. Sure--It was the Court which appointed U in the 1st. place.
4. That is life. U seem to be new to this profession.
s.subramanian
(Expert) 17 August 2010
Dear Brother.
A court guardian is appointed only in the event of the natural guardian does not respond or declines to act as the guardian-ad-litem. Once the mother expresses her willingness to act as the guardian by filing an application under order 9 rule 7,the court has no other option but to allow her to be so.You cannot insist on your continuance for any reason whatsoever. You will know more about it in due course.
I appreciate the advice of Mr.Chanchal very much. Good Luck.
