MANIBAI HEMRAJ Vs. MAGANLAL VITHALDAS

JUDGEMENT

(1.) In this matter one Maganlal Hemraj applied to be declared the guardian of his minor wife Bai Prabhavati and for the custody of her person. The application was opposed by the girl's mother and stepfather. The learned trial Judge was of opinion that the allegations of unfitness of the husband for the guardianship of his wife were not made out, and he made a declaration appointing him the guardian of her person, though he also made a special order directing that, for certain reasons, she should, in the first instance, be sent to live for six months at the Vanita Vishram in Bombay, from which place she was subsequently removed to the Seva Sadan in Poona. The appellant is the girl's mother, and the opponent is the girl's husband.

(2.) It has been argued in the first instance before us that the order made by the learned Judge is one which was not proper for him to make under Section 19 of the Guardians and Wards Act VIII of 1890. That section provides that- Nothing in this Chapter shall authorise the Court to appoint or declare a guardian of the property of a minor whose property is under the superintendence of the Court of Wards, or to appoint or declare a guardian of the person (a) of & minor -who is a married female and whose husband is not in the opinion of the Court unfit to be guardian of her person.

(3.) Sub-clause (b) in similar terms deals with the ease in which the father of a minor is alive and is not in the opinion of the Court unfit to be guardian of his child.