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1988 Supreme(Ker) 92

SHAMSUDDIN, V.SIVARAMAN NAIR
CHAKKI – Appellant
Versus
AYYAPPAN – Respondent


Judgment :-

1. The mother of a miner child aged about six years now appeals the decision of the District Court, Manjeri in O.P. (Guardians and Wards) No 21 of 19S3. The Trial Court found that the father was the natural guardian under S.6 of the Hindu Minority and Guardianship Act (for short'the Act'). He also found that by reason of her conversion, the mother had disentitled herself to act as natural guardian under the proviso to that section. The appellant submits that the child was illegitimate and therefore, the mother was the natural guardian. She also contends that inspite of her conversion out of Hinduism, she is entitled to act as the natural guardian for the we fare of the child. These contentions naturally throws up a complex of serious questions. They are: (a) Whether there was a valid marriage according to Hindu Law modified by custom between the appellant and the respondent? (b) Whether the minor child was illegitimate? and (c) Whether the welfare of the child requires the continuance of the mother as the guardian?

2. The husband and wife, both were Hindus. They belong to neighbouring villages; the appellant wife to Cheriyamundam, and the respondent-husband to Thanalur i




























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