B KAMSALA Vs. BOMMI

JUDGEMENT

(1.) PETITIONER is the paternal grandmother of the minor child kaviya. Petitioner has filed this petition for issuance of a direction/writ of Habeas Corpus directing the Respondents to produce the minor child, namely, Kaviya. The First respondent is the maternal grandmother of the minor child.

(2.) LEARNED Counsel for the Petitioner seeks for issuance of direction for the custody of the child contending that the first respondent being a Christian, is trying to convert the child into Christianity, which would be highly prejudicial to the interest of the child, since the child was born to her son Vadivelu, who was a Hindu by birth.

(3.) FATHER and mother of infant child kaviya are no more. It remains to be seen, as to which of the grandparents, the custody of the infant child has to be given. The bona fide of the claim of the Petitioner and the first Respondent has to be seen. Further, the visitation right of either party is also to be determined. These are all the issues which are to be resolved by adducing facts and evidence and appreciation of evidence. Chapter II of The Guardians and wards Act, 1890, deals with Appointment and Declaration of Guardians. Section 7 deals with Power of the Court to make order as to guardianship.