Union of India Vs Sonam Chomo — Himachal Pradesh HC (2025) — LawSathi Research

Union of India Vs Sonam Chomo — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both CMPs allowed and disposed of: (i) respondent No.1 Sonam Chomo discharged from the guardianship of respondent No.2 Dechen Dolma, who may pursue the case in her own capacity; (ii) the entire award amount alongwith up-to-date interest lying in the Registry ordered to be released to Dechen Dolma as per her share, after proper verification and identification, by remittance to her saving bank account mentioned in Para-4 of the application.

Issue for consideration

Whether respondent No.1 Sonam Chomo, the natural guardian (mother) of applicant/respondent No.2 Dechen Dolma, should be discharged from guardianship now that the ward has attained the age of majority. +1 more

Court's answer

Since applicant/respondent No.2 Dechen Dolma has attained majority, as evident from her Secondary School Examination Certificate (Annexure A-1), Aadhar Card (Annexure A-2) and her affidavit, the application under Order 32 Rule 12 CPC is allowed: her mother, respondent No.1 Sonam Chomo, is discharged from guardianship and Dechen Dolma is permitted to pursue her case in her own capacity.

Ratio / Principle

In view of the averments supported by the applicant's affidavit and the finality of the judgment passed on 29.08.2014, the Court finds it in the interest of justice to release the entire award amount, alongwith up-to-date interest, lying deposited in the Registry to Dechen Dolma as per her share, after proper verification and identification, by remitting it to her saving bank account detailed in Para-4 of the application.

Detailed headnote1 paragraphs

CMP Nos. 26559 & 26560 of 2025 in FAO No.34 of 2007 (Union of India & Anr. v. Sonam Chomo & others), decided 18.11.2025 by Sushil Kukreja, Judge: (i) On an application under Order 32 Rule 12 CPC by respondent No.2 Dechen Dolma, who has attained majority — evidenced by her Secondary School Examination Certificate (Annexure A-1), Aadhar Card (Annexure A-2) and affidavit — the Court allowed the application, discharged her mother and natural guardian respondent No.1 Sonam Chomo, and permitted her to pursue the case in her own capacity. (ii) On an application under Section 151 CPC, supported by affidavit, with no reply or objection from the non-applicants/appellants (Union of India & Anr.) — who also placed on record a 'No Objection Certificate' issued by Lt. Col. Tejas Shivaji More — and given that the main appeal was finally decided on 29.08.2014 and has attained finality, the Court ordered release of the entire award amount with up-to-date interest lying deposited in the Registry in favour of Dechen Dolma as per her share, after proper verification and identification, by remitting it to her saving bank account disclosed in Para-4 of the application. Both applications stand disposed of.

Union of India & Anr. vs. Sonam Chomo & others

CMP Nos. 26559 & 26560 of 2025 in FAO No.34 of 2007

18.11.2025 Present: Mr. Balram Sharma, Deputy Solicitor General of India with Mr. Rajeev Sharma, Advocate, for the nonapplicants/appellants.

Mr. Sarthak Upadhyay, Advocate, for the applicant/respondent.

CMP No.26559 of 2025

The present application under Order 32 Rule 12 of CPC, has been filed by the applicant/respondent No.2, Dechen Dolma, for discharging her natural guardian i.e.her mother respondent No.1, Sonam Chomo, as she has attained the age of majority.

Learned Deputy Solicitor General of India, for the non-applicants/appellants submitted that he doesn't intend to file any reply to the present application and has no objection, in case, the same is allowed.

Heard. Since applicant/respondent No.2, Dechen Dolma, has now attained the age of majority, as is evident from her Secondary School Examination Certificate, copy whereof annexed with the application as Annexure A-1, Aadhar Card (Annexure A-2) as well as her affidavit annexed therewith, the present application is allowed and her mother, respondent No.1, Sonam Chomo, is ordered to be discharged from her guardianship; and she is permitted to pursue her case in her own capacity.

The application stands disposed of.

CMP No.26560 of 2025

The instant application under Section 151 of CPC has been filed by applicant/respondent No.2, Dechen Dolma, for release of award amount alongwith up-to-date interest in her favour, as per her share, as lying deposited in the Registry of this Court. The application is duly supported with the affidavit of the applicant.

No reply to the application is intended to be filed on behalf of the non-applicants/appellants and learned Deputy Solicitor General of India, for the nonapplicants/appellants stated that since the main appeal stands finally decided by this Court on 29.08.2014 and as no appeal has been preferred against the said judgment by either of the parties, the same has attained finality, therefore, the prayer made in the application may be allowed. In this respect, he has also placed on record ‘No Objection Certificate’ issued by Lt. Col. Tejas Shivaji More, regarding release of the compensation amount in favour of applicant Dechen Dolna.

Heard. Having perused the averments made in the application, which are duly supported with the affidavit of the applicant coupled with the fact that the judgment passed by this Court has attained finality, this Court finds it in the

interest of justice to release the entire award amount, alongwith up-to-date interest, as lying deposited in the Registry of this Court in favour of applicant/respondent No.2, Dechen Dolma, as per her share, after proper verification and identification, by remitting the same to her saving bank account, detail whereof has been mentioned in Para-4 of the application.

The applications stand disposed of.

( Sushil Kukreja ) Judge

November 18, 2025 (reena)