P. VENKATARAMANIAH CHETTY Vs. PAPPAMAH

JUDGEMENT

(1.) THIS is an application under Section 491 of the Code of Criminal Procedure in which the petitioner seeks to obtain a direction from this Court calling upon the respondent to produce a girl named Kamalammah to be restored to his. lawful custody. It is common ground that Kamalammah is a minor though, there is a dispute as regards her age. The petitioner alleges that the girl was married to him about 11 months before the date of the petition and was staying with him for some days. The respondent is her mother. The petitioner alleges that on 21st April, 1947, the respondent took her daughter to her house promising to send her back on 26th April, 1947, but failed to do so. Further, the respondent went away with the girl to a village near Meenjur and according on the petitioner the respondent is contemplating to leave for Rangoon.

(2.) THE respondent admits that her daughter Kamalammah was duly married to the petitioner. The main allegations in her counter -affidavit are that after her daughter came of age on 7th March, 1947, she took her to her house and her daughter has been remaining with her since that time. She says that the girl is now aged only 13 years and is not in a fit condition for consummation. Apart from her young age she is also in poor health and undergoing medical treatment. She therefore prays in the interests of the minor that immediate custody of her daughter should not be directed to be given to the petitioner.

(3.) UNDOUBTEDLY after the marriage the petitioner would be the lawful guardian of his minor wife Kamalammah and therefore entitled to her custody. Even if the girl desires to stay with her mother, the respondent, that would not confer a right on the respondent to detain her. The petitioner will -therefore be in the ordinary course entitled to an order in his favour.