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Muthian Puniyan Vs. Karri Pillai Ammal - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Reported in(1900)10MLJ309
AppellantMuthian Puniyan
RespondentKarri Pillai Ammal
Excerpt:
- - 3. we do not say that the district judge is not at liberty to appoint the mother if he thinks it best for the minor to do so......there mentioned as if the mother were dead. this act seems to have been overlooked by the district judge. it is also said that the mother improperly withheld the property of the minor. the district judge must, before making any appointment as prayed, take into consideration the possibility of appointing one of the relatives mentioned in section 3 of the act, having regard to the interests of the minor.3. we do not say that the district judge is not at liberty to appoint the mother if he thinks it best for the minor to do so. but we think that the relatives abovementioned, if there are any, ought to have notice before any order is made in the mother's favour.4. we set aside the order and remand the petition to be dealt with according to law. the district judge will deal with the.....
Judgment:

1. The effect of Act XV of 1856 is that on the remarriage of a Hindu widow her preferential right of guardianship is displaced, and it is open to the judges to appoint any of the relatives there mentioned as if the mother were dead. This Act seems to have been overlooked by the District Judge. It is also said that the mother improperly withheld the property of the minor. The District Judge must, before making any appointment as prayed, take into consideration the possibility of appointing one of the relatives mentioned in Section 3 of the Act, having regard to the interests of the minor.

3. We do not say that the District Judge is not at liberty to appoint the mother if he thinks it best for the minor to do so. But we think that the relatives abovementioned, if there are any, ought to have notice before any order is made in the mother's favour.

4. We set aside the order and remand the petition to be dealt with according to law. The District Judge will deal with the costs.


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