IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 20763 of 2008(V) -------------------------- AGAINST THE ORDER DATED 23/10/2007 IN IA.2806/2005 IN OS.393/2005 of MUNSIFF COURT, PUNALUR .................... PETITIONER: ------------ RESHMI, W/O.LATE T.ABRAHAM THENGUMOCHRIYIL VEEDU KARIARA MURI, VILAKKUDY VILLAGE. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW RESPONDENTS: ------------- GOPALAKRISHNA PILLAI, THEKKEKARA VEEDU PONNOOR, KALANJOOR MURI AND VILLAGE. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.20763 of 2008 ------------------------------- Dated this the 10th July, 2008. J U D G M E N T Petitioner is the first defendant in O.S.No.393 of 2005, on the file of Munsiff Court, Punalur. Respondent is the plaintiff. Apart from the petitioner, her minor daughter and son are defendants 2 and 3 in the suit. I.A.No.2806 of 2005 was filed by the respondent to appoint petitioner, being the mother of the minor children, as their guardian. Under Ext.P3 order, petitioner was appointed the guardian, for the reason that there is no objection for the mother. This petition is filed under Article 227 of the Constitution of India challenging the said order, contending that Ext.P2 objection was filed stating that because of her financial conditions, she is not in a position to safeguard the interest of the minor children, and, therefore, she may not be appointed as guardian. 2. The learned counsel appearing for the petitioner was heard. W.P.(C) No.20763 of 2008 2 3. The sole reason for appointing petitioner as guardian, as seen in Ext.P3 is that she did not file any objection. Ext.P2 shows that an objection was filed as early as on 27.7.2007, though the order was passed only on 23.10.2007. If the mother is not prepared to be the guardian of the minor children, Court is bound to appoint a Court guardian for the minor children. In the nature and circumstances of the case, I do not find that it is necessary to issue notice to respondent and protract the proceedings further. Ext.P3 order is quashed. Learned Munsiff is directed to pass appropriate orders, in I.A.No.2806/2005, in accordance with law, after hearing the parties, and taking into consideration Ext.P2 objection. Writ petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.