(NANDAM PEDA) VEERASAMI Vs. GUTTIKONDA RATNAMMA

JUDGEMENT

(1.) THERE are three minors, two girls of the ages of 15 and 13 years and a boy of 11. The mother, according to her own affidavit, is inclined towards a belief in the Christian religion and it is likely she may be ultimately converted to that religion. The children are with the mother and the mother is likely to bring them up in such a way that they will ultimately express a desire to be converted to Christianity. THERE are some cases which seem to support the petitioner's contention that in such a case the present guardian (even though a mother) ought to be removed and another guardian appointed: Skiner V/s. Orde [1870] 14 M.I.A. 309, and Allmett V/s. Badamo [1916] 46 P.W.R. 1916, Dwijapada Karmahar V/s. Miss Bailean [1916] 20 C.W.N. 608, Ramprasad V/s. Dist. Judge of Gorakpur [1920] 57 I.C. 651. But this is not a proceeding under the Guardians and Wards Act. The respondent undertakes that the children will not be converted to Christianity till the 15 July 1928.

(2.) THE petitioner can pursue his remedies by applying to the District Judge of East Godaveri under the Guardiaas and Wards Act and I do not think fit to exercise any powers under Section 491 (a), Criminal P.C. THE petition is dismissed No order as to costs in the circumstances of the case.