REV DR GEORGE ALBRECHT Vs. BATHEE JELLAMMA

JUDGEMENT

(1.) This is an appeal from an order of the District Judge of Guntur appointing the respondent, a Hindu widow, guardian of her minor daughter and directing the counter-petitioner, Dr. George Albrecht, who belongs to an American Mission, to deliver up the minor to her mother. There was some conflict of evidence, taut on a careful examination the facts proved seem to me as follows. The petitioner and her deceased husband lived at Tallapalli, some 14 miles from Rentachintalla, the headquarters of the respondent, who accordingly visited Tallapalli in the course of his missionary tours. According to his evidence, which I see no reason to disbelieve, Narasayya, the petitioner s husband and father of the minor, came to him and asked to be baptized. The request was refused as he was living with a concubine but he continued to attend the counter-petitioner s services. His wife also asked the counter-petitioner to baptize her and get her husband to take her back. The counter-petitioner accordingly went to Tallapalli, held an inquiry and induced Narasayya to take back the petitioner as there was no proof that she was leading a bad life as he suspected. About a week later, she came and complained that Narasayya had put her away and he also came and explained that he had found her pregnant when he took her back. Later, ther6 was another inquiry, when Narasayya disowned the child which had been born in the meantime. Narasayya and the petitioner went on living apart, the minor at first living with the petitioner. In 1903 Papamma, Narasayya s daughter by a concubine, was baptized, and in October 1905 Venkiah, a grown up son of Narasayya by a concubine, was also baptized.

(2.) In November 1905 Narasayya came to Rentachintalla and got the respondent to baptize the minor and sometime later he cam6 again and said that his toddy had been poisoned and that he was not likely to live long and asked the respondent to take charge of the minor in case anything happened to him, and the respondent promised to do so at his house in Rentachintalla but did not then take the girl into his school. According to the respondent s evidence, Narasiah had previously asked Mrs. Albrecht to take the girl and look after her, but she had not then consented.

(3.) The respondent s witness No. 3, who had for many years been Village Munsif and has since retired, says that Narasayya took the minor from the petitioner s custody about 4 months before his death in January 1903, that when the counter-petitioner came to the village, Narasayya asked him and Mrs. Albrecht to take charge of the child, but they told him to keep it for six months. The respondent s witness No. 4, Narasayy s younger brother also speaks to this as does the respondent s witness No. 6, another relative of Narasayya.