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1987 Supreme(Ker) 307

G.VISWANATHA.IYER
PAILY JOSEPH – Appellant
Versus
UNION OF INDIA – Respondent


Judgment :-

1. Petitioner is the paternal grand father of a child now aged six years by name Noby Paul. This child is the elder aged son of Paul Punchakkunnel, one of the sons of the petitioner. The said Paul, and his wife, and one of their two sons died in a car accident in Munich in West Germany on July 5,1986. Paul was employed at Basel in Switzerland After the death of the parents, and their other son, the only surviving member of the family was Noby Paul, then aged 5 years. The Canton of Basel appointed one of their officials Dr. J. Messeiller as official legal guardian of minor Noby Paul. It is stated that the said Doctor is in search of suitable foster-parents for the child. The petitioner avers that his son, daughter-in-law and their children continued to be Indian Citizens, a fact which is not denied.

2. After the death of his son, the petitioner had been making attempts to bring back the child Noby Paul to India. On coming to know that Dr. J. Messeiller had been appointed as guardian of Noby Paul, the petitioner sent letter to the said Doctor requesting him to send Noby Paul to India together with the assets which belonged to Paul Punchakkunnel. Correspondence has also ens










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