Allowed

Nia v. Sommaya

Himachal Pradesh HC16 Dec 2022CMP/17312/2022

Case brief

AI extract

What is this about?

The Court discharged Smt. Sommaya as the natural guardian of respondent No.2 (Suraj Serpa) who had attained majority, allowing him to prosecute the case independently. The Court also directed the release of the award amount deposited in the registry to the applicant respondent upon the finality of the appeal, remitting it to his bank account.

What did the court decide?

Smt. Sommaya discharged from natural guardianship; award amount to be released to the applicant by the Registry.

Nia Vs Sommaya — Child Custody and Guardianship | Himachal Pradesh HC (2022)

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NIA v. Sommaya

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CMP Nos. 17311 and 17312 of 2022 in FAO No. 48 of 2013

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16.12.2022 Present: Mr. M.S. Katoch, Advocate, for the nonapplicant/appellant.

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Mr.V.B. Verma, Advocate, for the applicant/respondent No.2.

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CMP No. 17312 of 2022

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By way of instant application, prayer has been made by the applicant/respondent No.2, for discharge of his natural guardian as he has attained majority. No reply is intended to be filed by the non-applicant.

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Having heard learned counsel for the parties and perused averments contained in the application, which is duly supported by an affidavit as well as documents annexed therewith, this Court finds that interest of the applicant/respondent No.2 was earlier being protected by Smt. Sommaya-respondent No.1. Since the applicant has attained majority, he is entitled to prosecute the case in his independent capacity and as such, prayer made on his behalf of discharge of natural guardian, deserves to be allowed.

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Consequently, in view of the above, the application is allowed and Smt. Sommaya-respondent No.1 is discharged from the natural guardianship of the applicant/respondent No.1, who is further allowed to prosecute the case in his own independent capacity.

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Application as well as affidavit filed by the applicant reveals that name of applicant/respondent No.2 is Suraj Serpa in all the records, but his name has been wrongly entered as Suraj Shaipy in the memo of parties.

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Having perused the affidavit as well as documents annexed therewith, this Court finds that Suraj Serpa is the original name of the applicant and as such, same requires to be corrected. Accordingly, name of the applicant/respondent No.1

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written as Suraj Shaipy be read as Suraj Serpa. Application stands disposed of.

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CMP No. 14638 of 2022

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By way of instant application, prayer has been made by the applicant /respondent No.2 for release of the award amount lying deposited in the Registry of this court. No reply is intended to be filed by the non-applicant/appellant to the instant application.

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Having heard learned counsel for the parties and perused averments contained in the application, which is duly supported by an affidavit, this Court finds that appeal bearing FAO No. 48 of 2013, having been filed by the nonapplicant/appellant stands finally decided. Since no appeal, whatsoever, has been filed against the aforesaid judgment in the superior court of law by either of the parties, same has attained finality.

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Consequently, in view of the above, this court sees no impediment in accepting the prayer having been made by the applicant for release of award amount lying deposited in the Registry of this Court and accordingly, the application is allowed and Registry is directed to release the award amount in favour of the applicant, by remitting the same in his saving bank account strictly as per his share, detail whereof is mentioned in para-4 of the application, subject to verification by the Accounts Branch. Application stands disposed of.

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December 16, 2022 (Sandeep Sharma), manjit Judge

Nia v. Sommaya

Case brief

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Nia v. Sommaya

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