REETA RANI SINGH Vs. RAGHURAJ SINGH

JUDGEMENT

(1.) WE have to answer a question referred to us by a learned single Judge. The question referred to is as follows : -

(2.) WE are, after hearing learned counsel at some length, unable to agree with him for the following reasons :-

(3.) MOREOVER , it may be noted that the power to deal with matters relating to infants, idiots and lunatics was really exercised by English Courts on behalf of the crown. It was not a jurisdiction directly vested in the Court itself. Thus it was a mere power exercised not under its own jurisdiction out as representing the Crown. In Hope v. Hope (1854), 43, E.R. p. 534 at p. 540 Lord Chancellor Cranworth observed as follows : -