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1938 Supreme(Mad) 174

ALFRED HENRY LIONEL LEACH
T. Sivasankara Mudaliar – Appellant
Versus
Radhabai Ammal – Respondent


JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. This appeal raises a question of the right of a Hindu father to the custody of his minor daughter, the allegation being that he had abandoned the minor. The appellant is the father of the minor who was born in 1922. Her mother suffered from tuberculosis and died a few months after the child was born. Before the mothers death, the appellant entrusted the minor to his sister Gnanambal, who was married to one Subramania Mudaliar. Subramaniam died in August, 1931 and Gnanambal in October, 1932. After the death of Gnanambal the first respondent, who is another sister of the appellant, took charge of the minor and has had charge of her ever since. In 1927 the first respondent went to live with Gnanambal and her husband. Gqanambal owned the house in which she, her husband, the first respondent and the minor were living and by her will left the house to the first respondent and minor jointly. She further provided that on the death of the first respondent the minor should have the property absolutely. The appellant married a second time in 1923 and had a daughter by his second wife. It is said that up to 1934 he used to visit the minor, but it is co



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