In Misc. Civil Application No. 59 of 2011, request made under the Hindu Minority and Guardianship Act by the petitioner Mother is not allowed to sell the share of two young sons, one aged 3 years and other of 12 years for the purpose of their education and other maintenance expenses.
Court after detailed reasonings in its order vide below Exh. 1, denied such request vide its order dated 19th September, 2011 .
On hearing learned advocate appearing for the petitioner and on considering the gist of the matter, this Court does not interfere with the order passed by the trial Court essentially on two counts . Firstly children are very young, there does not arise any need for higher education at this stage as claimed by the petitioner . Trial Court rightly rejected application on such ground.
This petition is preferred under Article 227 of Constitute of India . This Court does not interfere in supervisory jurisdiction when there is neither jurisdictional error committed nor in absence of any illegality which warrants interference. Independently also, this Court has noted that present is not a proper time to entertain such application.
Considering the huge possibility of also getting sufficient support from the non-Government Institutions for the studies at primary and secondary education level and with many schemes of Government for such students, this request at this stage is not to be acceded to. However, in the future at an appropriate stage when the children grow up, petitioner will be at liberty to move an appropriate application, if so advised and exigency so require, this petition stands disposed of .
(Ms.Sonia Gokani,J) bina Top