SARASWATIBAI SHRIPAD VED Vs. SHRIPAD VASANJI VED

JUDGEMENT

(1.) THIS is an appeal from a decision of Mr. Justice Kania on a petition presented by the father of a minor: under Section 25 of the Guardians and Wards Act. Under that section the Court can return the custody of the minor to his father, who is his natural guardian, if it is of opinion that to do so will be for the welfare of the minor ward.

(2.) THE parents of the minor were married in February, 1936, and the minor, a boy, was born in October, 1938. After the birth the mother unfortunately contracted tuberculosis, and she had to go away for treatment, and the child was taken by the father and kept at his mother's house. THE mother of the minor was discharged from the sanatorium at the end of July, 1939, but she was advised to remain at hill stations for a time in order to complete her cure, and she came back to Bombay, considering herself to be cured, at the end of May, 1940. On May 29 the child was out with a servant in attendance, and was taken round to the house of the mother and her parents, and it has been retained by the mother ever since. THE circumstances in which the child was taken by the mother are in dispute. THE father says that it was virtually kidnapped by an uncle of the wife. THE uncle, however, has put in an affidavit denying that he kidnapped the child, and saying that it was taken by the servant to the mother's house. As the servant, in charge of the child when it is alleged to have been kidnapped, has not put in an affidavit, it is probable that the mother's story is true. However, that is not very material. THE fact is that from the end of May, 1940, the child has been in the custody of the mother, and the father now asks to have it returned to him. As I have said, under the Act we have to consider what will be in the best interests of the minor.

(3.) THERE is no question here of removing the child from the guardianship of the father. The father is the natural guardian, and there is no application to remove him from that position. He remains the natural guardian, but in the interests of the child itself we are satisfied that its custody ought, for the present, to be with the mother.