Disposed¶21

Mrs. Uma Rawat @ Mrs. Uma Prem Chandra Rawat and 2 Others v. Mrs. Kanhaiya Lal Rawat and 2 Others

Allahabad HC4 Feb 2025FAFO/343/2024

Case brief

AI extract

What is this about?

FAFO No. 343 of 2024; Allahabad High Court Lucknow Bench; Ram Manohar Narayan Mishra J.; Guardians and Wards Act 1890; Section 47(a) appeal provision; Sections 7, 8, 9 GWA application for sale of minor's property share; minor daughters' share in joint property; Additional District Judge Lucknow; Regular Suit No.88 of 2024; Misc. Case No.599 of 2024; admission of first appeal; final hearing 01.12.2025; compassionate appointment; net salary Rs.36,000; Kalyan Bombay flat; Prem Chand Rawat; Uma Rawat; Kanhaiya Lal Rawat.

What did the court decide?

First appeal admitted for consideration; listed for final hearing on 01.12.2025 at 2:15 P.M., with liberty to the learned Standing Counsel to file objection, if any, by the next date. ¶21

Mrs. Uma Rawat @ Mrs. Uma Prem Chandra… — Child Custody and Guardianship | Allahabad HC (2025)

What the court decided

AI extract

Outcome

First appeal admitted for consideration; listed for final hearing on 01.12.2025 at 2:15 P.M., with liberty to the learned Standing Counsel to file objection, if any, by the next date.

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Issue for consideration

Whether the learned Additional District Judge, Lucknow erred in rejecting the appellant's application for sale of the property lying in the share of her minor daughters, moved under Sections 7, 8 and 9 of the Guardians and Wards Act, 1890 (issue inferred from the challenge described; no formal framing of issues appears in this admission-stage order).

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Ratio / Principle

Having noted that the lower court record had been received and that the matter requires consideration, the Court admitted the First Appeal from Order at the preliminary hearing; no view was expressed on the merits of the challenge to the impugned orders.

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Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No.19 - Ram Manohar Narayan Mishra, J. - FAFO No.343 of 2024, decided 14.11.2025. Admission-stage order under Section 47(a), Guardians and Wards Act, 1890, challenging (i) the judgment and order dated 31.05.2024 of the learned Additional District Judge, Lucknow in Regular Suit No.88 of 2024, which partially accepted the appellant's suit, and (ii) the order dated 17.09.2024 of the same court in Misc. Case No.599 of 2024. Appellant no.1, mother of minor daughters and widow of Prem Chand Rawat, contends the trial court wrongly rejected her application under Sections 7, 8 and 9 of the Guardians and Wards Act, 1890 for sale of the property lying in her minor daughters' share; counsel points to her claimed 62.5% aggregate share in the joint property, her post-compassionate-appointment net salary of Rs.36,000/- and the daughters' school expenses at Lucknow, and to the trial court's contrary assumptions (government employment, expected price appreciation, interest income from a Kalyan, Bombay flat). Learned counsel for respondent nos.1 and 2 raised no objection to the appellants' contentions. The Court, finding the matter to require consideration, admitted the appeal, listed it for final hearing on 01.12.2025 at 2:15 P.M., and permitted the learned Standing Counsel to file objections, if any, by the next date. No point of law was decided; no precedent was cited.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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FIRST APPEAL FROM ORDER No. - 343 of 2024

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Mrs. Uma Rawat @ Mrs. Uma Prem Chandra Rawat And 2 Others

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.....Appellant(s)

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Versus

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Mrs. Kanhaiya Lal Rawat And 2 Others

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		.....Resp	ondent(s)
Counsel for Appellant(s)	: Gayatri Singh
Counsel for Respondent(s)	: Dr. Shipra Harshvardhan	Tripathi,	C.S.C.,

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Court No. - 19

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HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

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Heard Shri Tungesh Pandey, learned counsel for the appellants, Ms. Saloni Mahawar, learned counsel appearing for the respondent nos.1 and 2 and learned Standing Counsel for the State-respondent.

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The instant F.A.F.O. under Section 47(a) of the Guardians and Wards Act, 1890 has been preferred against the judgment and order dated 31.05.2024 passed by the learned Additional District Judge, Lucknow in Regular Suit No.88 of 2024 partially accepting the suit of the appellant and order dated 17.09.2024 passed by the learned Additional District Judge, Lucknow in Misc. Case No.599 of 2024.

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Learned counsel for the appellants submits that the appellant no.1 is mother of minor daughters and she was holding 50% share in joint property along with her husband, who owned 50% share but due to the unfortunate death of her husband, Prem Chand Rawat, out of 50% share of the property of her husband, she is holding 12.5% share of her own along with the two daughters and mother-in-law. Thus, she herself owns total 62.5% of share in the joint property acquired alongwith her husband. The Additional District Judge has wrongly rejected the application for sale of the property lying in the share of her minor daughters moved under Sections 7, 8 and 9 of Guardians and Wards Act, 1890 on the assumption that as the applicant/appellant is engaged in a government job and her minor daughters are currently studying. It appears that she is not

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FAFO No. 343 of 2024

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in need of monetary resources to look after her minor daughters. She appears to be interested in the flat situated in District Kalyan, Bombay to gain the sale proceeds and deposit the same in a bank account and receive the accrued interest. The price of the property in question is likely to enhance in the future.

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He next submitted that the appellant no.1 gained compassionate appointment on account of death of her husband and her net salary is only Rs.36,000/- due to which she is not in a position to bear the huge academic expenses of her daughters, who are studying in a reputed school in Lucknow.

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Learned counsel for respondent nos.1 and 2 raised no objection on contention made by learned counsel for the appellant.

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Lower court record has already been received

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Matter requires consideration.

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Admit.

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List on 01.12.2025 at 2:15 P.M. for final hearing.

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Learned Standing Counsel may file objection, if any, by the next date.

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(Ram Manohar Narayan Mishra,J.)

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November 14, 2025

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Mohd. Sharif

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Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench

Mrs. Uma Rawat @ Mrs. Uma Prem Chandra Rawat and 2 Others v. Mrs. Kanhaiya Lal Rawat and 2 Others

Case brief

What is this about?

What did the court decide?

Mrs. Uma Rawat @ Mrs. Uma Prem Chandra Rawat and 2 Others v. Mrs. Kanhaiya Lal Rawat and 2 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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