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1999 Supreme(Mad) 1158

B.AKBAR BASHA KHADIRI
G. Bakthavatsalam and others – Appellant
Versus
K. Srinivasan – Respondent


Advocates:
S.K.Raghunathan, for Appellants. T.Sundararajan, for Respondent.

Judgment :

Appellants 1 and 2 are the sons of the third appellant Andalammal. Andalammal had a daughter by name, Vijaya. who was given in marriage to the respondent Srinivasan on 210. 1988. Minor Monisha was born to Vijaya on 211. 1997. Shortly within days after delivery, Vijaya died on 211. 1997 Monisha is being brought up by the appellant herein. Vijaya was working in child Development Project Centre and because of her death, the child is entitled to certain monetary benefits by way of pension, gratuity etc., Apart from that, she house property also stands in the name of Monisha, Srinivasan father of Monisha had instituted proceedings in G.W.O.P.No.65 of 1998 on the file of the Principal District Court, Chengalpattu under Sec.25 of the Guardian and Wards Act, 1890 seeking custody of the child.

2. Thelearned Principal District Judge, Chengalpattu, after enquiry, came to the conclusion that the father, being the natural guardian, in prima facie entitled to the custody of the child and accordingly ordered the appellants herein to hand over the child to the respondent herein, Srinivasan. Aggrieved by the orders passed by the learned Principal District Judge, the respondents in the G.













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