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Abasi Vs. Dunne - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtAllahabad High Court
Decided On
Judge
Reported in(1875)ILR1All598
AppellantAbasi
RespondentDunne
Excerpt:
(custody of minor - guardian--muhammadan law. - cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under maharashtra employees of private schools (conditions of service) regulations act, (3 of 1978) held, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. the school tribunal constituted under section 8 of the maharashtra act cannot entertain appeals filed under section 9 by the employees working in schools which are established and administered by the cantonment board. teacher employed in the..........be admitted that the plaintiff would, under the muhammadan law, be prima facie entitled to the guardianship of her younger sister, were her fitness for the charge established; but her own bad character and manner of life must be hold to disqualify her; and we must affirm the decree of the lower courts dismissing her suit. it is stated in the plaint that the tenets of christianity are being imparted to the minor at the orphanage at which she has been placed by the magistrate, and that 'in bringing her claim, the plaintiff prays that the court, after satisfying itself that the plaintiff would not bring up the minor in her own trade of prostitution, and that she would marry her according to muhammadan law, may order the minor to be given to her.' but it is difficult to see how the minor,.....
Judgment:

Pearson, J.

1. The claim in this suit was simply for the recovery of the minor, Chittan, from the custody of the Government; and the fact that the plaintiff is a prostitute, and therefore an unfit person to have the charge of the girl, seems to be a sufficient reason for dismissing the claim in the interest of the minor. It may be admitted that the plaintiff would, under the Muhammadan law, be prima facie entitled to the guardianship of her younger sister, were her fitness for the charge established; but her own bad character and manner of life must be hold to disqualify her; and we must affirm the decree of the lower Courts dismissing her suit. It is stated in the plaint that the tenets of Christianity are being imparted to the minor at the Orphanage at which she has been placed by the Magistrate, and that 'in bringing her claim, the plaintiff prays that the Court, after satisfying itself that the plaintiff would not bring up the minor in her own trade of prostitution, and that she would marry her according to Muhammadan law, may order the minor to be given to her.' But it is difficult to see how the minor, if made over to her, could be secured from the evil effects of her example, influence, and association the appeal is dismissed with costs.


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