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1 - 10 of 16 (0.28 seconds)Section 9 in The Guardians And Wards Act, 1890 [Entire Act]
The Indian Majority Act, 1875
Section 19 in The Guardians And Wards Act, 1890 [Entire Act]
Mrs. Annie Besant vs G. Narayaniah on 29 October, 1913
Relying on this passage Mr. Banerjee argued that a contract relinquishing the parental rights even if acted upon did not make the father unfit to be the guardian of the person of his child. Mr. Banerjee overlooked the fact that the letter written by the father in Be-sant's case11 did contain several reservations of parental rights on several eventualities, whereas in the case now before me, I find no reservation contained in any letter or even in the present affidavits. Further in Annie Besant v. Narayaniah ('14) 1 A.I.R. 1914 P.C. 41, the father re-asserted his rights after a short time, whereas in this case there has been a continued waiver for 14 years. Mr. Banerjee relied on para. 2 (vi) of the applicant's first affidavit in reply as evidence of assertion of parental rights. It is curious, however, that such an important fact found no place in the respondent's own affidavits in opposition. Further the facts alleged in that paragraph do not necessarily amount to assertion of right or admission of any right. It should also be remembered that another period of six years of acquiescence on the part of the parents has elapsed since the said alleged re-assertion of right by them.
G. Ponniah Asari vs Suppiah Asari And Ors. on 16 October, 1934
873, and Ponniah Asari v. Subbiah Asari ('35) 22 A.I.R. 1935 Mad. 363, The girl is a bright and intelligent girl. I am satisfied that she will be happy if she is permitted to live with the applicant. The fact of her living with the parents for a month has in no way impaired her affection for the applicant which is disclosed in every one of her letters. I am indeed relieved to find that her wishes coincide with what, in the circumstances, I conceive to be the requirement of the law. She has no fancy for getting married at this early age and having regard to the opinion, she expressed before me against early marriage and to what I have stated about her capacity under the Mussalman law and even under the Indian Majority Act in matters of marriage, dower and divorce it would not be right for me to do anything which may possibly expose her to undue pressure from her parents and thereby affect or impair her capacity to decide for herself the matter of her own marriage.