NARASIMHA SETTY Vs. CHENNAMMA AND

JUDGEMENT

(1.) The appellant is the petitioner who filed Misc. case No. 51 of 47-48 in the Court of the Munsiff, Bangalore, under the Mysore Guardian and Wards Act for the appointment of himself as the guardian of the person of his minor daughter, Lingamma, and for the custody of the minor. Respondent 1 is the mother's sister of the minor and respondent 2 is the husband of respondent 1. The trial Court has refused to grant either of the prayers of the petitioner and hence this appeal.

(2.) One of the allegations in the petition is that in view of the close relationship existing between the parties, the petitioner was sending the minor Lingamma to live with the respondents for sometime off and on and bring her back after a few days, that about six months ago, the respondents took the child with the consent of the petitioner to keep her with them for a few days, but have refused to send the child back, the other allegation is that the respondents are arranging to give away the child in marriage to some unknown person without the consent of the petitioner. The respondents admit that the child is the daughter of the petitioner, but they assert that at their request the child was given to them by the parents when she was seven months old for being reared up as a foster child as they themselves were childless. Ever since, they have been looking after the child with love and affection as if she were their own child and in June 1944 have made a settlement on her of three items of lands and a house of become the separate property of the minor for her future welfare. Regarding the allegation of marriage, they deny any existing proposal and state that when that event is to happen they would take the express consent of the parents.

(3.) Respondent 1, the foster mother of the child, has examined herself in support of her assertions and produced the registered gift deed in favour of the minor. The petitioner has neither let in any evidence nor stepped himself into the box to substantiate the allegations in his petition. It has, therefore, to be accepted that the contention of the respondents are true.