High Courts(1931) 02 MAD CK 0015

Subbaratnammal vs Seshachala Naidu

Madras High Court · Decided on 18 February 1931 · Citation: (1931) ILR (Mad) 758 : (1931) 33 LW 619 : (1931) 60 MLJ 615

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Judgment

7 paragraphs · 131 words
1.

In this case it appears that the appellant is a resident of Mysore. It is clearly against the intention of the Guardian and Wards Act that any one

residing outside British India should be appointed guardian of a minor''s person, as over such a guardian the Court could not exercise its proper

control--see T.N. Muthuveerappa Chetti alias T.N. Batcha Chetty and Another Vs. T.R. Ponnusawmy Chetty, . The appellant, therefore, cannot

herself be appointed guardian of the minor under the Act. For this reason without going into any of the other questions raised we find it

unnecessary to interfere in the appellant''s favour with the order of the learned District Judge. This will not preclude the appellant from seeking any

other remedy open to her.

2.

The appeal is dismissed.