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1969 Supreme(Mad) 66

ISMAIL
In re Sister Gemma – Appellant
Versus
. – Respondent


Advocates:
A. Dorairaj, for Petitioner.

Judgement

JUDGMENT:- This petition has been presented under Ss. 4, 10 and 17 of the Guardians and Wards Act 1890 and clauses 17 and 20 of the Letters Patent. The petitioner is a member of a Christian Religious congregation known as the Salesian Missionaries of Mary Immaculate. The members of the congregation are devoted to social work and care of the needy, destitute and sick persons who are unable to look after themselves. The petitioner as a member of the said congregation is at present in charge of the Mercy Home at Kilpauk, Madras which looks after and caters for the abandoned and incurably sick. In the course of her work in the Mercy Home, the petitioner came into the custody of Noel Sanderchan, the minor. She was sent to the Mercy Home as unclaimed, an orphan and destitute by the Sub-Inspector of Police, G. 3, Kilpauk, Madras 10, on 29-12-1967, as having been picked up at Kilpauk Garden road. At the time of her admission the minor was stated to be 5 days old, said to have been born on 24-12-1967. By virtue of the fact that the child was admitted to the Mercy Home, the petitioner has been the de facto guardian of the said minor to the knowledge of the police authorities from 29




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