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Subbaratnammal Vs. Seshachala Naidu - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Reported in(1931)60MLJ615
AppellantSubbaratnammal
RespondentSeshachala Naidu
Cases ReferredBatcha Chetty v. Ponnuswami Chetty
Excerpt:
- - it is clearly against the intention of the guardian and wards act that any one residing outside british india should be appointed guardian of a minor's person, as over such a guardian the court could not exercise its proper control--see batcha chetty v.1. in this case it appears that the appellant is a resident of mysore. it is clearly against the intention of the guardian and wards act that any one residing outside british india should be appointed guardian of a minor's person, as over such a guardian the court could not exercise its proper control--see batcha chetty v. ponnuswami chetty : (1912)22mlj68 . the appellant, therefore, cannot herself be appointed guardian of the minor under the act. for this reason without going into any of the other questions raised we find it unnecessary to interfere in the appellant's favour with the order of the learned district judge. this will not preclude the appellant from seeking any other remedy open to her.2. the appeal is dismissed.
Judgment:

1. In this case it appears that the appellant is a resident of Mysore. It is clearly against the intention of the Guardian and Wards Act that any one residing outside British India should be appointed guardian of a minor's person, as over such a guardian the Court could not exercise its proper control--see Batcha Chetty v. Ponnuswami Chetty : (1912)22MLJ68 . The appellant, therefore, cannot herself be appointed guardian of the minor under the Act. For this reason without going into any of the other questions raised we find it unnecessary to interfere in the appellant's favour with the order of the learned District Judge. This will not preclude the appellant from seeking any other remedy open to her.

2. The appeal is dismissed.


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