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(Nandam Peda) Veerasami Vs. Guttikonda Ratnamma and anr. - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Reported inAIR1928Mad1087
Appellant(Nandam Peda) Veerasami
RespondentGuttikonda Ratnamma and anr.
Cases ReferredRamprasad v. Dist. Judge of Gorakpur
Excerpt:
- .....own affidavit, is inclined towards a belief in the christian religion and it is likely she may be ultimately converted to that religion. the children are with the mother and the mother is likely to bring them up in such a way that they will ultimately express a desire to be converted to christianity. there are some cases which seem to support the petitioner's contention that in such a case the present guardian (even though a mother) ought to be removed and another guardian appointed: skiner v. orde [1870] 14 m.i.a. 309 and allmett v. badamo [1916] 46 p.w.r. 1916 dwijapada karmahar v. miss bailean [1916] 20 c.w.n. 608 ramprasad v. dist. judge of gorakpur [1920] 57 i.c. 651 but this is not a proceeding under the guardians and wards act. the respondent undertakes that the children will not.....
Judgment:
ORDER

1. There are three minors, two girls of the ages of 15 and 13 years and a boy of 11. The mother, according to her own affidavit, is inclined towards a belief in the Christian religion and it is likely she may be ultimately converted to that religion. The children are with the mother and the mother is likely to bring them up in such a way that they will ultimately express a desire to be converted to Christianity. There are some cases which seem to support the petitioner's contention that in such a case the present guardian (even though a mother) ought to be removed and another guardian appointed: Skiner v. Orde [1870] 14 M.I.A. 309 and Allmett v. Badamo [1916] 46 P.W.R. 1916 Dwijapada Karmahar v. Miss Bailean [1916] 20 C.W.N. 608 Ramprasad v. Dist. Judge of Gorakpur [1920] 57 I.C. 651 But this is not a proceeding under the Guardians and Wards Act. The respondent undertakes that the children will not be converted to Christianity till the 15th July 1928.

2. The petitioner can pursue his remedies by applying to the District Judge of East Godaveri under the Guardiaas and Wards Act and I do not think fit to exercise any powers under Section 491 (a), Criminal P.C. The petition is dismissed No order as to costs in the circumstances of the case.


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