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Musammat Tirpati Kuwar Vs. Musammat Partapi - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtAllahabad
Decided On
Judge
Reported in1Ind.Cas.465
AppellantMusammat Tirpati Kuwar
RespondentMusammat Partapi
Excerpt:
evidence act (i of 1872), section 107 - presumption of life or death--guardians and wards act (viii of 1890), section 17--minor not heard of for some months--mother appointed guardian. - - the applicant is the mother of murlidhar and though a plea is urged that musammat tirpati kuwar's conduct is not above suspicion, we think there is not evidence on the record from which we can rightly infer that this suspicion is well founded and that she is not a fit person to be appointed guardian of the minor's property......guardian of the minor's property. we, therefore, allow the appeal, set aside the order of the court below and direct that musammat tirpati kuwar be appointed guardian of the property of the minor murlidhar, provided she give security to the satisfaction of the court below.
Judgment:

1. This is an appeal from an order of the District Judge of Mirzapur dated 29th July 1908, whereby he rejected the application of one Musammat Tirpati Kuwar praying that she might be appointed guardian of the property of her minor son. The lower Court holding that it was not proved to the satisfaction of the Court that the boy Murlidhar was alive at the date when the application was made refused to grant certificate of guardianship. It also thought that the applicant was not a fit and proper person to be appointed guardian. It appears from the arguments addressed to us and the evidence that the boy Murlidhar was alive in December 1907. He was then kidnapped and there is nothing to show what has become of him. Even so, we think that the Judge was wrong in presuming that Murlidhar was dead. It is to the advantage of Murlidhar that a guardian be appointed of his property. The applicant is the mother of Murlidhar and though a plea is urged that Musammat Tirpati Kuwar's conduct is not above suspicion, we think there is not evidence on the record from which we can rightly infer that this suspicion is well founded and that she is not a fit person to be appointed guardian of the minor's property. We, therefore, allow the appeal, set aside the order of the Court below and direct that Musammat Tirpati Kuwar be Appointed guardian of the property of the minor Murlidhar, provided she give security to the satisfaction of the Court below.


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