Chennai Court June 1928 Judgments
(Nandam Peda) Veerasami Vs. Guttikonda Ratnamma and anr.
Court: Chennai
Decided on: Jun-21-1928
Reported in: AIR1928Mad1087
ORDER1. 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 h...
Tag this Judgment!Jumna Bai Vs. S. Rm. M. Rm. Ramanathan Chettiar Represented by Guardia ...
Court: Chennai
Decided on: Jun-05-1928
Reported in: AIR1929Mad29; 113Ind.Cas.412; (1928)55MLJ690
ORDERRamesam, J.1. This and several petitions of similar nature have come up before me as Vacation Judge. In all these I raised the question of jurisdiction. The matters that have so come up before me and in which I entertain doubts as to jurisdiction may be divided into two groups : (1) Cases in which there is no pending proceeding anywhere in the Presidency. For the first time a plaint which ought to be filed in a moffusil Court - a District Munsif's Court, Subordinate Judge's Court, or District Court, or an appeal or a original petition but which could not be filed there as that Court is closed, is sought to be filed here and an order is sought from the High Court in the nature of an injunction restraining the defendant from doing something. The High Court is expected to transmit the plaint and the other papers to the Court where it ought to have been filed on the expiry of its vacation. (2) Cases in which there is a proceeding pending in some of the Lower Courts either a original s...
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