AIR 1964 KERALA 269 ::1963 Ker LT 348 ::1963 Ker LJ 333 ::ILR (1963) 1 Ker 656

Kerala High Court

Hon'ble Judge(s): M. Madhavan Nair , J

(A) Hindu Minority and Guardianship Act (32 of 1956) , S.4(2), S.6, S.71— Guardians and Wards Act (8 of 1890) , S.25— Application u/S.25, Guardians and Wards Act by mother for custody of seven year old child against father - Mother not appointed guardian of child - Application not maintainable as mother, not natural guardian - "Includes" in S.4(2) - Scope - De facto guardian - Meaning. An application under S. 25 of the Guardians and Wards Act for the custody of a seven year old child against the father is not maintainable in law unless she has been appointed guardian of the child by the Court, inasmuch as a mother is not a natural guardian of such child but the father is ILR 1948-2 Cal 374 at p. 385 and AIR 1925 Oudh 282, Rel. on.(Para 6 7) After the enactment of the Hindu Minority and Guardianship Act, no one can be found to be a guardian of a Hindu minor unless one satisfies the definition of @page-Ker270 guardian in the Act. The Act has overriding effect and has superseded all existing law on the matters dealt with in the Act.(Para 4) In the context of S. 4 of the Act, the word 'incites' is used only to enumerate the different classes of persons coming within the definition. After the Act, a person cannot claim to be the legal guardian of a Hin....