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Jussoda Kooer Vs. Lallah Nettya Lall - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtKolkata
Decided On
Judge
Reported in(1880)ILR5Cal43
AppellantJussoda Kooer
RespondentLallah Nettya Lall
Excerpt:
certificate - guardianship--mithila law. - birch, j.1. in this case the judge states that he is unable to grant a certificate, inasmuch as the witness called by mussamut jussoda admits that the father of the minor is alive, and, therefore, in the judges opinion, it would be inadvisable to grant a certificate of guardianship to the mother. the judge appears to have overlooked the fact that this case is governed by the mithila law, and that, under that law, the mother is the person to whom the certificate should be granted in preference to the father. the judge's order must be reversed, and he must be directed to grant a certificate to jussoda as guardian of the person of the minor and as manager of the minors property, the appeal is allowed with costs.
Judgment:

Birch, J.

1. In this case the Judge states that he is unable to grant a certificate, inasmuch as the witness called by Mussamut Jussoda admits that the father of the minor is alive, and, therefore, in the Judges opinion, it would be inadvisable to grant a certificate of guardianship to the mother. The Judge appears to have overlooked the fact that this case is governed by the Mithila law, and that, under that law, the mother is the person to whom the certificate should be granted in preference to the father. The Judge's order must be reversed, and he must be directed to grant a certificate to Jussoda as guardian of the person of the minor and as manager of the minors property, The appeal is allowed with costs.


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