DAYABHAI RAGHUNATHDAS Vs. BAI PARVATI

JUDGEMENT

(1.) This is an appeal under the Guardians and Wards Act. It arises out of an application made by the appellant to the District Court of Surat under Section 25 of the Guardians and Wards Act for the custody of his minor daughter Bai Mani.

(2.) The lower Court has rejected this application on the ground that unless the appellant takes steps to be appointed a guardian of the minor, no application under Section 25 could be entertained by that Court.

(3.) The correctness of this view has been questioned before us in this appeal. A guardian, as defined by the Act, means a person having the care of the person of a minor or of his property, or of both his person and property. The appellant is the father of the minor and claims to be her natural guardian. Section 25 refers to the custody of a guardian and not of a guardian appointed under the Act. This distinction between a guardian and a guardian appointed under the Act is to be noticed throughout the Act. As an illustration we may refer to Section 26 of the Act where provision is made with reference to a guardian of the person appointed or declared by the Court.