Utma Kuar vs Bhagwanta Kuar - 1915 Supreme(All) 309

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1915 Supreme(All) 309

CHAMIER, PIGGOTT
Utma Kuar – Appellant
Versus
Bhagwanta Kuar – Respondent

JUDGMENT

Chamier and Piggott, JJ. - This is an appeal by a guardian lawfully appointed under the Guardians and Wards Act No. VIII of 1890. The facts are peculiar. Musammat Utma Kuar applied to the District Judge of Azamgarh to be appointed guardian of the person and property of her minor daughter, Chandra Kuar. She stated in her application that the minor had been removed from her care and custody by her married daughter, Musammat Bhagwanta Kuar, sister of the said minor; but she did not ask the court to take action u/s 12 of Act VIII of 1890, Notice was issued to Musammat Bhagwanta Kuar, and certain matters having been enquired into by the court, an order was passed on the 26th of August, 1914, appointing Musammat Utma Kuar guardian of the person of her minor daughter and a formal certificate of guardianship was issued to her, dated the 31st of August, 1914. On thel5th of September, 1914,MusammatUtmaKuar presented an application to the court, alleging that she was still unable to obtain possession of the person of the minor and asking the court to take steps to cause the minor to be placed in her charge. This application was rejected by the learned District Judge on the ground that

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