RAMACHANDRA IYER Vs. ANNAPPOORNI AMMAL

JUDGEMENT

(1.) THIS petition is to revise the finding of maintainability of an application, for the custody of a minor Hindu girl aged 7 years, moved by the mother against the father.

(2.) THE facts are thus: THE parents with their children were living together in Palghat till March 21, 1960, when the mother left the father taking with her the girl who is their last child. In April 1960, the father shifted his residence to Madras taking with him the other children. THE mother returned to Palghat thereafter, and the girl resumed school-going. On September 14, 1960, the father came down to Palghat and took the girl from the school to Madras. On September 22, 1960 the mother moved the instant application, under S. 25 of the Guardian and Wards Act, 1890, praying,

(3.) COUNSEL for the mother in the Court below contended that the mother, having had the custody and care of the minor before her removal by the father, was the de facto guardian of the minor and in that capacity is entitled to move the application under S. 25 of the Guardian and Wards Act. The short answer to that argument is that a de facto guardian is one who has no legal authority to guardianship and therefore cannot claim any right in regard to the person or property of a minor as against a de jure guardian who has the legal authority with him.