1 SB Civil Writ Petition No.2619/2009 Smt. Premlata Acharya. vs. Swaroop Chand. S.B. Civil Writ Petition No.2619/2009 Smt. Premlata Acharya. vs. Swaroop Chand. Date : 30.3.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.P Choudhary, for the petitioner. - - - - - Heard learned counsel for the petitioner. The facts are very unfortunate that the petitioner's father submitted an application for becoming legal guardian of the petitioner's children who are five in number and who were of the age of 12, 10, 8, 6 and 5 years respectively in the year 2003. In the petition for appointment of court guardian, the petitioner's father – respondent stated that the petitioner's husband died on 13.9.1999 in road accident. He alleged that the respondent being maternal grand father of the children, is looking after and taking care of them and the petitioner has already contracted second marriage with Teja Ram Meghwal in the year 2 SB Civil Writ Petition No.2619/2009 Smt. Premlata Acharya. vs. Swaroop Chand. 2003 itself. The petitioner deserted her children. The Summon was served upon the petitioner by publication of notice in the newspaper and ultimately, the trial court allowed the respondent's application vide order dated 27.9.2007 and appointed him legal guardian for the petitioner's five children. The petitioner did not choose to challenge the said order dated 27.9.2007 and the Commercial Taxes Officer vide order dated 4.6.2008 removed her from service after giving due opportunity to her to present her case. It will be worthwhile to mention here that in the order dated 4.6.2008, it has been stated that the petitioner neither contradicted the allegations levelled against her nor proved any fact in her favour. Be it as it may be, in the departmental enquiry, when she was asked whether she has preferred any appeal to challenge the ex-parte order passed by the competent court dated 27.9.2007, then she stated that she did not prefer appeal. Then this present application has been submitted before trial court on 6.9.2008 for setting aside the order dated 27.9.2007. 3 SB Civil Writ Petition No.2619/2009 Smt. Premlata Acharya. vs. Swaroop Chand. Learned counsel for the petitioner submitted that the petitioner had no knowledge of the proceedings in the trial court and no proper notice was served upon her inspite of the fact that she was serving in sales tax department. Her address has not been given by her own father who moved application for becoming legal guardian of the petitioner's children. The trial court after considering the entire facts in detail found that no case is made out for setting aside the ex-parte decree. In a matter of custody of children who are now nearly of the age of 17, 15, 13, 11 and 10 respectively and who are living with the respondent, who is also maternal grand father of the children and also father of the petitioner, I do not find that the conduct of the respondent warrant setting aside of the order of appointment of legal guardian by the court. It can be presumed from the facts on record that the children who are five and are residing with the petitioner's own father and the petitioner's own father approached the court of law in the year 2003, the petitioner 4 SB Civil Writ Petition No.2619/2009 Smt. Premlata Acharya. vs. Swaroop Chand. if would have any interest in the children, she would not have remained silent for long period of years and would not have taken the steps for taking the custody of her children. In a case where children's future is involved, they cannot be dragged in court for years. The petitioner when was removed from service, then only the petitioner thought it fit to challenge the trial court's order which effort appears to be for saving her service only. In view of the above reason, if the trial court has exercised its discretion, this Court will not exercise its jurisdiction under Article 227 of the Constitution of India to interfere in the impugned order passed by the trial court. Consequently, the writ petition of the petitioner is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya