BURRI SURYANARAYANA AND ANOTHER Vs. KONA ABBAY

JUDGEMENT

(1.) This appeal arises out of O.P. No. 124 of 1976 lived by Kona Abbayi for obtaining the custody of his minor daughter Padmavathi who is with respondents 1 and 2 her maternal grand-father and maternal grandmother. The minor's mother died on 17-8-1976 and since then she has been under the care of respondents 1 and 2. She is aged six years.

(2.) The learned trial judge recorded evidence and wrote a fairly long order. Since under section 6 of the Hindu Minority and Guardianship Act (Act XXXII of 1956) father is the natural guardian of an unmarried girl he ordered that the custody of the minor girl shall be made over to the father the original petitioner.

(3.) Respondents 1 and 2 are challenging that order in this appeal. There is no doubt the legal proposition that under section 6 of the Hindu Minority and Guardianship Act, 1956, father is the natural guardian of an unmarried girl. In the instant case the question relating to the mother's guardianship does not arise because she is dead. These proceedings do not so much depend for their final decision upon the evidence one way or the other. Witnesses examined by one who seeks the custody of a minor are likely to give evidence in his favour. Witnesses examined by those who have the custody of the minor and who want to retain it are likely to depose in their favour. Therefore the overriding test which the court of law is required to apply while determining who should be the guardian of a minor is the welfare of the minor.