JACOB A. CHAKRAMAKKAL Vs. ROSY J. CHAKRAMAKKAL

JUDGEMENT

(1.) THIS petition was filed by Jacob A. Chakramakkal praying that an ad -interim order declaring and appointing him as guardian of the person of the minor daughter Mary alias Maya be made pending disposal of the appeal. This petition was filed on 8 -12 -1975 and was brought up before us on the same date. After hearing Mr. Chakramakkal we admitted the O.S. Appeal and directed notice to the respondent in this petition.

(2.) WE observed that Mr. Jacob A. Chakramakkal submitted that his daughter, Mary will attain majority tomorrow (9 -12 -1975) and if orders were not passed she will not be under the control of the Court. Taking into consideration the facts of the case, we directed that as the girl Maya was attaining majority on 9 -12 -1975, it was desirable till the matter is heard after notice to the parties that the petitioner is appointed as guardian.

(3.) SECTION 3 of the Indian Majority Act provides that a guardian shall be appointed or declared by any Court of Justice before the minor has attained the age of 18 years. Section 4 states how the age of majority should be computed. It provides that in computing the age of any person, the day on which he was born is to be included as a whole day and he shall be deemed to have attained majority at the beginning of the eighteenth anniversary of that day. Maya having been born on 8 -12 -1957, according to Section 4, would have attained majority at the beginning of the eighteenth anniversary of that day, i. e. 8 -12 -1975. The beginning of that day is accepted to be 12 midnight (vide "Words and Phrases" Permanent Edition, Volume II, West Publishing Co., page 108). At page 113, it is stated that "a legal day commences at 12 O' clock midnight and continues until the same hour the following night. Cheek v. Freston, 72 NE 1048, 1049, 34 IA 343". Accordingly, the minor would have attained majority at midnight of 8 -12 -1975. Illustration (a) to Section 4 of the Act makes the position clear. Dealing with a person born on the first day of January 1850, it states that he attains majority on the first moment of the first day of January 1871.