Guardianship of a Deaf Person

In re Periaswami Goundan

Filed under: Order 32 and Rule 15, Civil P.C. (1908)
Appellant: In re Periaswami Goundan
Citation: AIR 1954 Madras 810
Court: In the High Court of Madras
Judge: Ramaswami

Facts

The District Munsif held an elaborate enquiry and found that as far as the properties of Umai were concerned, his wife or a guardian had executed several documents on his behalf. It was therefore submitted that for several years whenever a document was executed in regard to Umai’s property, it was done by someone purporting to be his guardian or by his wife.

The evidence of three witnesses was also submitted to show that Umai was a deaf-mute and a mentally infirm person, who could not be understood by anyone except his wife.

The District Munsif mentioned all these facts in his report and on the basis of these ordered the appointment of a guardian for Umai. Since Umai’s wife was unwilling to be his guardian, the Munsif directed the appointment of a Court guardian for him.

Thereafter this revision petition was filed against the order passed by the District Munsif. It was argued that that lower Court had no jurisdiction to appoint a guardian for Umai since he was leading a family life and was earning his livelihood by grazing cattle and therefore capable of taking care of himself.

Observations of the Court

The Court examined the relevant sections of the Civil Procedure Code and previous relevant cases. On the basis of these, the Court held that the procedure adopted by the District Munsif was correct and did not merit any interference. The Court accordingly dismissed the petition.

Cases Referred:

• Amulya Ratan vs. Kanak Nalini, AIR 1950 Cal 30
• Nanak Chand vs. Banarsi Das, AIR 1930 Lah 425
• Bugee Ram vs. Buldeo Singh, 2 NEPHCR 414 (H)
• Merindralal vs. Bepin Chandra, AIR 1935 Cal 224w