Both the courts below had acted on that basis. The wife had certainly good ground for believing, and was so led by the way the appellant conducted the case to believe, that the counter-affidavit was in order and had been accepted as such and she had conducted her case on that basis. C The proper forum for raising the issue of hearsay was at the Magistrate's Court.
In view of the course the matter has taken, we do not think at this stage we can allow this issue to be raised. The appellant would on the basis of something in the nature of an equitable D estoppel be barred from doing so. It is a civil matter, and the appellant had waived his right to object to the admissibility of hearsay evidence in this appeal.
The wife apparently left the house after the assault. The husband and wife were reconciled by the members of E their Hindu Community and the wife was then "allowed to enter the petitioner's husband house," according to the evidence of the husband's witness Chohan. F The wife had alleged that she was not able to suffer any longer the indignity and cruelty meted on her by the husband's mother and sisters.
Since the trial court and the High Court had differed in their conclusions on the evidence G adduced by the parties, we will have a look at the facts ourselves. Lakha at the outset of the appeal conceded that in terms of the Law of Marriage Act in Tanzania there is a rebuttable presumption that an infant below the age of seven H should be with the mother.
It is also common ground that the most important factor in custody proceedings is the welfare of the child. Lakha sought to rebut the presumption in favour of the mother on certain grounds. He submitted, inter alia, I 1 That the elder child is still with the husband and in his. He A wants both the children under his custody to keep them together, and not to have them separated.
He referred to a paragraph in the husband's affidavit reading "On We will deal with the allegation of cruelty against the child Keval made by the husband. Even if we accept as true the allegation made by the husband about what has happened F on From the evidence supplied by the affidavits, counter-affidavit and testimony given, it seemed that on It would seem that there must have been some quarrel between the spouses before, that the wife had left the baby crying in the cradle without moving it to and fro.
If that was "cruelty", which is open to doubt, we think the husband H was equally "cruel". He could have himself moved the cradle to lull the child, instead of merely instructing the wife to do so. If leaving the child in a cradle to cry for half and hour was cruelty, then we think both were "cruel".
That allegation, however, did not in our view establish that the wife was cruel to the child Keval on We do not think that literacy or illiteracy is a proper criterion for assessing the sustability of a woman as a mother. There was no evidence as to the relative space of the Dar es Salaam or Tanga accommodation, and that need not concern us. We do not think that B the wife, in view of her allegations as to the living conditions she had had to endure at the husband's parents' house, was wrong to have insisted that she could not stay with the husband in the latter's parents' home.
C We do not think that the grounds relied on by Mr. Lakha could rebut the presumption in the wife's favour. We think that the wife should have custody of the child Keval in the circumstance of this case. An infant child of two should be with the mother, unless there are very strong reasons to the contrary.
No such reasons exist here. The High Court, on first appeal, made an order for maintenance of the child Keval in the D sum of Shs. Both Mr. Lakha and Mr. Kesaria agree that, if the custody of Keval was given to the wife, an order for maintenance was in order.
However Mr. Lakha submitted that the sum fixed was manifestly excessive, and was not supportable on any evidence. There was no Einvestigation as to means before the order was made. The population was 3, at the census. The land Oregon, Illinois was founded on was previously held by the Potawatomi and Winnebago Indian tribes. In fact, later, settlers discovered that the area contained a large number of Indian mounds, most 10 to 12 feet in diameter. Ogle County was a New England settlement.
The original founders of Oregon and Rochelle consisted entirely of settlers from New England. These people were " Yankees ", that is to say they were descended from the English Puritans who settled New England in the s. They were part of a wave of New England farmers who headed west into what was then the wilds of the Northwest Territory during the early s. Most of them arrived as a result of the completion of the Erie Canal. When they arrived in what is now Bureau County there was nothing but a virgin forest and wild prairie, the New Englanders laid out farms, constructed roads, erected government buildings and established post routes.
They brought with them many of their Yankee New England values, such as a passion for education, establishing many schools as well as staunch support for abolitionism. They were mostly members of the Congregationalist Church though some were Episcopalian. Culturally Bureau County, like much of northern Illinois would be culturally very continuous with early New England culture, for most of its history.
Oregon is an American jazz and world music group, originally formed in by Ralph Towner guitar , piano , synthesizer , trumpet , Paul McCandless woodwind instruments , Glen Moore double bass , violin , piano , and Collin Walcott percussion , sitar , tabla. Towner and Moore had been friends and occasional collaborators since meeting in as students at the University of Oregon.
By , both were working musicians living in New York; while collaborating with folksinger Tim Hardin they were introduced to world music pioneer Paul Winter 's " Consort " ensemble, particularly member Collin Walcott, with whom Towner began improvising as an informal duo. By Towner and Moore had joined the Winter Consort and met fellow member McCandless; the four began exploring improvisation on their own, while their contributions continued to be seminal in redefining the Winter Consort "sound" in compositions like Towner's "Icarus".
The four musicians made their first group recording in , but the label, Increase Records, went out of business before it could be released it eventually was issued by Vanguard in as Our First Record. Create your page here. Saturday, 23 April , Videogame Chat Weather Albums Lyrics. Please tell us which country and city you'd like to see the weather in. Read more. Gameplay Rainbow Six is a tactical shooter , which focuses more on stealth and tactics than on sheer firepower, exploring the lethality of a single bullet.
Plot Read more. Oregon band Oregon is an American jazz and world music group, originally formed in by Ralph Towner guitar , piano , synthesizer , trumpet , Paul McCandless woodwind instruments , Glen Moore double bass , violin , piano , and Collin Walcott percussion , sitar , tabla. History Towner and Moore had been friends and occasional collaborators since meeting in as students at the University of Oregon.
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