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Durgamma Vs. Lingappa and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in33Ind.Cas.77
AppellantDurgamma
RespondentLingappa and anr.
Excerpt:
guardians and wards act (vii of 1890), section 7(1) - appointment by court of guardian--welfare of minor to be considered--legal right to custody of minor, relevancy of. - 1. dr. swaminadhan for the appellant has argued the case mainly on the right of the mother to the custody of her minor son as guardian under the ordinary hindu law. but on an application under the guardians and wards act, viii of 1890, for the appointment by the court of a guardian of the person of a minor, the only question under section 7(1) of the act is whether it is for the welfare of the minor that an order should be made by the court appointing a guardian of the minor's person under the act.2. we are not satisfied that the district judge's view that it is not shown that at present it is for the welfare of the minor to pass such orders under the act, is erroneous.3. we dismiss the appeal but without costs.
Judgment:

1. Dr. Swaminadhan for the appellant has argued the case mainly on the right of the mother to the custody of her minor son as guardian under the ordinary Hindu Law. But on an application under the Guardians and Wards Act, VIII of 1890, for the appointment by the Court of a guardian of the person of a minor, the only question under Section 7(1) of the Act is whether it is for the welfare of the minor that an order should be made by the Court appointing a guardian of the minor's person under the Act.

2. We are not satisfied that the District Judge's view that it is not shown that at present it is for the welfare of the minor to pass such orders under the Act, is erroneous.

3. We dismiss the appeal but without costs.


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