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1964 Supreme(Pat) 69

R.K.CHOUDHARY
Balram Mandal – Appellant
Versus
Rajani Mandalain – Respondent


Judgment

R.K.Choudhary, J.

1. This appeal under Sec. 47 of the Guardians and Wards Act is directed against an order ot the District Judge of the Santhai Parganas appointing the mother of a boy to act as the guardian of his person.

2. It appaars that the appellant Balram Mandal had no issue by his first wife, Boma Mandalain, He, therefore, took a second wife, namely, the respondent Rajani Mandalain, from whom fie got several daughters and a son, Jagarnath Mandal. It further appears that for differences between the husband and the second wife, the second wife, Rajani, has to leave her husbands house along with her daughters and to live with her father at her fathers house. The son, however, was living with the father in whose house the only female member was his first wife, namely, the step-mother of the boy. According to the mother of the boy, he was not being treated favourably by his step-mother, and, for the welfare of the boy, she thought it necessary to be appointed as the guardian of his person. She, therefore, made an application before the District Judge for being appointed as the guardian of this person. An objection was raised on behalf of the "father that he was the fit pe






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