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Ganu Gopal Sonar Vs. Dattatraya Laxman Potdar - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtMumbai
Decided On
Case NumberFirst Appeal No. 198 of 1921
Judge
Reported in(1922)24BOMLR845; 75Ind.Cas.128
AppellantGanu Gopal Sonar
RespondentDattatraya Laxman Potdar
Excerpt:
guardians and wards act (viii of 1890)-guardian of the person-application to sanction marriage of minor-opposition by relatives of minor-application to be decided in view of the benefit to the minor.;when a guardian is appointed under the guardians and wards act 1890, an application for the marriage of the minor by the guardian must be considered from the point of view of benefit to the minor. any relation that is entitled to be heard on the application may be heard; but such opposition must be considered at its true value and need not be considered as an absolute bar to the court giving sanction to the marriage. - .....minor for the sanction of the court to the marriage of the minor. the opposition is raised by the step-brother of the minor, and the learned judge seems to have given effect to that opposition by refusing sanction without dealing with the guardian's proposal on the merits. i do not think that that is the right view to take, as once the guardian is appointed under the guardians and wards act, any application for the marriage of the minor by the guardian must be considered from the point of view of benefit to the minor; and any relation that might be entitled to be heard on the application will be heard; but such opposition must be considered at its true value and , cannot be considered as an absolute bar to the court giving sanction to the marriage.2. the case must, therefore, go back to.....
Judgment:

Norman Macleod, C.J.

1. This is an application by the certificated guardian of the minor for the sanction of the Court to the marriage of the minor. The opposition is raised by the step-brother of the minor, and the learned Judge seems to have given effect to that opposition by refusing sanction without dealing with the guardian's proposal on the merits. I do not think that that is the right view to take, as once the guardian is appointed under the Guardians and Wards Act, any application for the marriage of the minor by the guardian must be considered from the point of view of benefit to the minor; and any relation that might be entitled to be heard on the application will be heard; but such opposition must be considered at its true value and , cannot be considered as an absolute bar to the Court giving sanction to the marriage.

2. The case must, therefore, go back to the District Court, and the District Court must consider whether, in the absence of any proposal of the step-brother, the bride-groom proposed by the guardian is a suitable person. If the step-brother makes counter-proposals, then the Court will consider them. But, whether the Court is considering the proposals of the guardian or whether it is considering the proposals of the step-brother, it must always have before it in the first place the welfare of the minor.

3. So the appeal must be allowed, and the case sent back to the District Court.


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