IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 MFA.No. 19 of 2008(B) --------------------- OPGW.97/2007 ON THE FILE OF THE COURT OF I ADDL. DISTRICT JUDGE, THRISSUR .................... APPELLANT: PETITIONER --------------------- SHAILAJA, AGED 38 YEARS W/O.DASAN & D/O. SANKARANKUTTY THYPARAMBIL HOUSE, POOKKOD DESOM AMBALLUR VILLAGE, MUKUNDAPURAM TALUK THRISSUR DISTRICT. BY ADV. SRI.JIJO PAUL SRI.BABU S. NAIR SMT.M.T.SHEEBA SRI.P.A.RAJESH SRI.K.RAKESH RESPONDENT: ------------- DASAN, AGED 41 YEARS, S/O.VASUDEVAN THEKKINIYEDATH HOUSE, ERAVAKKAD DESOM NENMANIKKARA VILLAGE, MUKUNDAPURAM TALUK THRISSUR DISTRICT. BY ADV. SRI.K.B.GANGESH THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 24/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A.(G & W) No. 19 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of March, 2008 JUDGMENT Appellant filed O.P.(Guardian) No.97/2007 for appointing herself as the guardian of minor child Karthika for selling property which was purchased in the name of herself and the child. The petitioner is the mother of the minor child Karthika who was born in her wedlock with the respondent. Parties are Hindus. Before the court below the father did not contest the matter, but the court below rejected the case as father is the natural guardian. On issuing notice, father entered appearance before this Court and stated that he has no objection in selling the property. We also wanted a valuation certificate and in valuation certificate property including building was valued at Rs.2,33,000/-. It is also stated in the valuation certificate that the property had no direct motorable access from the road. We notice that the existence of two Sarpakavu in the north and south side of the plot and non-availability of a direct motorable access make the property unattractive. The property was valued on 16-3-2008. The agreement produced was executed six months ago. MFA (G&W) 19/08 -2- 2. Under these circumstances, the appellant can be as guardian of the minor daughter and minor's half share in the property is allowed to be sold provided that 50% of the value of the property ie., 1,16,500/- should be deposited in a Fixed Deposit in the minor's name till the minor child attains majority. 3. Hence, the appeal is allowed , the impugned order is set aside and the appellant is appointed as the guardian of the minor child and is allowed to sell the property as per the agreement produced on condition that Rs,1,16,500/- shall be deposited in a Fixed Deposit in the minor's name in a nationalized bank till the minor child attains majority and the appellant shall produce evidence regarding the same before the court below. The appeal and O.P.(G) No.97/2007 are allowed as above. J.B. Koshy, Judge K. Hema, Judge mn.