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Km. Sunita And Anr. vs Smt. Shyam Kali on 1 October, 1981

(2) G. P. ponniah, Asari v. Suppiah Asari, AIR 1935 Mad 363. In this case the petitioners were father and brother of a minor girl aged 9 years and the respondents were her maternal uncles. The girl's mother died when she was about one year old. Taking into consideration the entire facts it was held that the father's right to the custody of the minor, a prima facie right, could be negatived by the circumstances showing either past indifference and neglect or tacit consent in the infant being brought up by other relatives. It was further held that if the application for the custody of minor was not bona fide, it cannot be allowed.
Allahabad High Court Cites 20 - Cited by 6 - Full Document

Baddi Reddi Bulliraju vs Kedam Surya Rao on 30 July, 1958

On the facts of this case, it is more or less akin to the decisions reported in Ponniah Asari v. Suppiah Asari, AIR 1935 Mad 363 and Abubacker v. Mariyumma, AIR 1946 Mad 110. The learned Judges pointed out that in deciding what is for the welfare of the minor, the mala fides of the application as also the neglect of the father to maintain the child might be taken into account.
Andhra HC (Pre-Telangana) Cites 13 - Cited by 3 - Full Document

Bandi Lakshmamma vs Janne Achamma on 10 September, 1959

8. To a like effect is the judgment of the Madras High Court in Fonm'ah Asari v. Suppiah Asari, 68 Mad LJ 213: (AIR 1935 Mad 363). In that case, the girl who was nearly thirteen years old was taken away to live with her maternal uncles with the consent of her father. The application by the father for the custody of the child was dismissed ultimately by the High Court in view of the fact that the girl had clearly shown her preference to live with her maternal relations and the father had not shown any interest in the welfare and health of the child for nearly thirteen years.
Andhra HC (Pre-Telangana) Cites 6 - Cited by 0 - Full Document
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