LAWS(PVC)-1947-6-17

P VENKATARAMANIAH CHETTY Vs. PAPPAMAH

Decided On June 17, 1947
P VENKATARAMANIAH CHETTY Appellant
V/S
PAPPAMAH Respondents

JUDGEMENT

(1.) This is an application under Section 491 of the Criminal P. C. 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 26 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 7 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.) It was contended before me by the learned counsel for the respondent that the remedy of the petitioner is by way of proceedings under the Guardians and Wards Act and an application under Section 491 of the Criminal P. C. is not maintainable when there is another remedy. It is sufficient to refer to the ruling of a Division Bench of this Court in Subbuswami Goundan V/s. Kamakshi Ammal to overrule his contention. It was there held that a husband seeking to recover custody of his minor wife illegally detained by others is entitled to proceed under Section 491 of the Criminal P. C. and the respondent cannot be heard to say that there is another remedy provided for under the law.