IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.693 of 2009 MD. SHIBLI Versus MD. SALMAN & ORS. ----------- 9. 19.5.2010 Counsel for the petitioner is present. Today also no one appears for the respondent. On the previous date also no one had appeared for the respondent when we had suo motu adjourned the matter to enable one more opportunity to the respondent to defend the impugned order. The name of the counsel for the respondent appears in the cause list. The present appeal arises out of the judgment dated 26.3.2007, in Guardianship Case No. 6 of 2006 with regard to three minor children. On going through the judgment, we find that it also awards a decree for divorce. We find it difficult to appreciate the nature of the judgment granting divorce in a guardianship case. In any event of the matter, even in so far as the issue of custody of the children are concerned, we are far from satisfied of the manner in which it has been dealt with. The judgment under appeal is therefore set aside and the matter is remanded to the Court of Principal Judge, Family Court, Bhagalpur to rehear the Guardianship 2 Case No. 6 of 2006 strictly with regard to the three minor children only in terms of the law and duty of the Courts as discussed in 2008(9) SCC 413. Since no one has appeared on behalf of the respondent, we also direct that the Family Court shall now proceed to issue fresh notice for hearing to the respondent also. The appeal stands allowed. P. Kumar (Navin Sinha, J.) (Dinesh Kumar Singh, J.)