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1998 Supreme(Mad) 568

S.M.ABDUL WAHAB
N. Palanisami – Appellant
Versus
A. Palaniswamy – Respondent


Appearing Advocates:V. Manoharan, P. Mathivanan, Advocates.

Judgment :-

This appeal has arisen out of an order dated 8-12-1989 made in G.W.O.P. No. 291 of 1986 on the file of the I Additional Subordinate Judge, Coimbatore. The above said petition was filed under Section 6 of the Hindu Minority and Guardianship Act, 1956 (Act No. 32 of 1956) and under Section 25 of the Guardians and Wards Act, 1890.

2. The respondent is the father of the minor girl Indirani. He filed the petition for the custody of the minor child from the custody of the maternal grandfather. He married the appellant's daughter Subbulakshmi on 27-3-1985 and out of the wedlock, a female child was born on 11-4-1986. The mother of the child died within few hours after the delivery. As the body of Subbulakshmi was taken to the house of the appellant for performing the funeral ceremonies, the child was retained by the appellant/maternal grandfather. But on account of the quarrel when the respondent demanded the return of the jewels and other articles belonging to his wife, the appellant refused to return the articles and the child also. The respondent is possessed of properties as he is the natural guardian of the minor child is entitled for the custody of the child.

3. In the coun







































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