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1932 Supreme(Nagpur) 82

SUBHEDAR
DEOKISHEN – Appellant
Versus
ASARAM – Respondent


JUDGMENT

Subhedar, A J C—As this appeal involves the decision of an important point of law which is not covered by any direct precedent it is necessary to state the facts of the case at some length. On 30th April 1931 the respondent Asaram, who is a distant cousin of a minor girl Godawari Bai, aged 14, applied to the District Judge, Akola, for his own appointment as guardian of the person of the said minor on the allegation that her parents, the first two appellants Deokisan and Mt. Amritabai, in collusion with appellants 3 and 4 Sunkerlal and Tarachand, had agreed to give the said minor in marriage to appellant 5, Ramgopal, aged 50, in consideration of receiving Rupees 12,000 from the latter and that the proposed marriage was unsuitable and injurious to the minor's welfare. It was alleged that the marriage was to be celebrated the next day and therefore Asaram also applied for the issue of injunctions which were accordingly issued prohibiting the appellants from celebrating the contemplated marriage of the minor and for producing her before the Court the next day. As the appellants refused to accept service of the injunctions they were affixed to their houses. On 4th May the appell















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