(KUPPACHI) RAGHAVAIYA Vs. MACHAVOLU LAKSHMIAH

JUDGEMENT

(1.) The appeal raises questions regarding the interpretation of Secs.19 and 25 of the Guardians and Wards Act (VIII of 1890).

(2.) An application was made under the Guardians and Wards Act to obtain a declaration that the father of the infant in question was its legal guardian. The applicant's wife died in the house of her parents leaving a female child of 15 days old. Within six months of her death the father of the infant requested his father-in- law to hand over to him his child, but his request was refused, and thereupon the father applied to the Court that he might be declared the guardian of his minor child. The learned District Judge made an order in his favour and also directed the custody of the minor to be given to the father.

(3.) The first contention of the appellant is that the Court bad no jurisdiction to make the order in question under Section 19 of the Guardians and Wards Act. The material part of the section runs thus:- "Nothing in this Chapter shall authorise the Court to appoint or declare a guardian of the person of a minor whose father is living and is not, in the opinion of the Court, unfit to be guardian of the person of the minor."