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PETITIONER: SAHIBZADA SAIYED MUHAMMEDAMIRABBAS ABBASSI & OTHERS
Vs.
RESPONDENT: THE STATE OF MADHYA BHARAT& OTHERS
DATE OF JUDGMENT: 26/02/1960
BENCH: SHAH, J.C. BENCH: SHAH, J.C. SINHA, BHUVNESHWAR P.(CJ) IMAM, SYED JAFFER SARKAR, A.K. WANCHOO, K.N.
CITATION: 1960 AIR 768 1960 SCR (3) 138 CITATOR INFO : APL 1962 SC1616 (4,6) RF 1981 SC2189 (21)
ACT: Personal Law-Right to Guardianship-If can be enforced by way of constitutional remedy-Constitution of India, Art. 32.
HEADNOTE: The first petitioner, who had migrated to West Pakistan, applied to the High Court of Madhya Bharat for a writ of abeas corpus for directions to produce petitioners 2 and 3, his minor children, before the Court on the allegation that they were wrongfully confined and, upon the dismissal of the said application, applied to the District Judge of Ratlam under the Guardian and Wards Act for his appointment as guardian of the person and property of the said minors. The District judge rejected he application and appointed the second respondent as such Guardian. The first petitioner appealed to the High Court against the said order of the District judge but that appeal was Dismissed. He applied for special leave to appeal to this Court but that application was also rejected. Thereafter the first Petitioner, as natural guardian of petition...