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Kinu Sundari Devi Vs. Narendra Nath Mukerjee - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Reported inAIR1929Cal27
AppellantKinu Sundari Devi
RespondentNarendra Nath Mukerjee
Excerpt:
- .....such circumstances it seems rather difficult to ask an old lady like the appellant to produce that young woman in court. it is also doubtful whether the judge had power to make an order under section 45(1), guardians and wards act to .direct this third person to produce the minor in court. no direction was made under section 12(1) of the act, and apparently as a guardian for the person of the minor was appointed no such order was competent. the learned judge of course, could direct the grand-mother to compel the minor to return to the custody of her guardian in obedience to an order section 25(1) of the act, but the learned judge refused to make an order under section 25(1).2. under these circumstances the order (imposing a fine on the maternal grandmother does not seem to be.....
Judgment:

1. In this case the appellant was directed to produce a minor in Court. The minor was according to the Judge's judgment a young woman of 20 years of age. Apparently she wanted only a few months to attain her majority. Under such circumstances it seems rather difficult to ask an old lady like the appellant to produce that young woman in Court. It is also doubtful whether the Judge had power to make an order under Section 45(1), Guardians and Wards Act to .direct this third person to produce the minor in Court. No direction was made under Section 12(1) of the Act, and apparently as a guardian for the person of the minor was appointed no such order was competent. The learned Judge of course, could direct the grand-mother to compel the minor to return to the custody of her guardian in obedience to an order Section 25(1) of the Act, but the learned Judge refused to make an order under Section 25(1).

2. Under these circumstances the order (imposing a fine on the maternal grandmother does not seem to be correct. That order of the learned Judge is, therefore, set aside and the fine, if paid, will be refunded. Barring that order the observation made by the learned Judge in his judgment cannot be taken exception to in any way.

3. We make no order as to costs in this appeal.


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