RASULAN Vs. DILAWAR

JUDGEMENT

(1.) THIS is an appeal under Section 47 of the Guardians and Wards Act against an order of the Dis trict Judge of Unnao passed on an ap plication purporting to be one under Section 10 of that Act. Section 10 of that Act only describes the form of an application and it is not correct to treat an application given in that form to be an application under Section 10. In fact the application is one under Section 7 of the Act. Section 7 provides that where the court is satisfied that it is for the welfare of a minor that an order should be made appointing a guardian of his person or property or both or de claring a person to be such a guardian, the court may make an order according ly. The application was made by the father of the minor and it was contested by the mother in whose custody the minor was living. The application was contested on the ground that the minor was born in the month of Bhadon and in the community to which the parties belong a son born in the month of Bhadon is born under inauspicious stars and he brings destruc tion to the family. It is on this ground that it was said by the mother that the father would kill the boy if he is given in his custody and he is appointed as his guardian. It may here also be point ed out that the mother with whom the minor was living has been divorced by the father and as such the father claim ed it would be in the interest and for the welfare of the minor to appoint the father as the guardian of the person of the minor. The application was accord ingly moved by the father for the ap pointment of the guardian of the person of the minor.

(2.) THE learned District Judge came to the conclusion that the belief on which the defence is founded, namely, a boy born in the month of Bhadon brings destruction to the family had not been established. The court then went to decide that it would be for the wel fare of the minor to appoint the father as the guardian, the age of the minor being nine years, and the ultimate order of the court passed reads as follows:-'

(3.) WE have, therefore, to see in the circumstances as to whether the ap plication should have been dismissed.