Shabnam Ara @ Sabnam Ara And ANR v. Md. Tahir

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12918 of 2015 ====================================================== Shabnam Ara @ Sabnam Ara & Anr .... .... Petitioner/s

Versus

Md. Tahir .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 30-03-2016 1.

Heard the learned counsel, Mr. Abdul Mannan, for the petitioner.

2.

From perusal of the order dated 15.07.2015 passed by the learned Principle Judge, Family Court, Katihar passed in Matrimonial Case No.18 of 2006, it appears that the Court below has formally appointed the petitioner No.2 as the guardian of petitioner No.1 on the ground that the divorce case has been filed by the husband respondent on the ground of lunacy of the petitioner No.1. Further, it appears that this writ application itself has been filed by the petitioner No.1 not as lunatic rather she has executed herself the Vakalatnama. Therefore, the question as to whether she is lunatic or not, i.e., the matter which can be decided by the Court below at the time of Judgment but since the allegation has been made by the husband, the Court below has

Patna High Court CWJC No.12918 of 2015 (2) dt.30-03-2016 2/2 formally appointed petitioner No.2 as guardian to avoid any technical objection.

3.

In such view of the matter, it cannot be said that the petitioner is prejudiced in any way nor it occasioned failure of justice. Thus no case for interference in supervisory jurisdiction is made out.

4.

Accordingly, this writ application is dismissed. However, the Court below will decide the question about the lunacy of the petitioner No.1 in the Judgment without being prejudiced by the order appointing guardian.

(Mungeshwar Sahoo, J) Sanjeev/- U