AIR 1953 MYSORE 123

Mysore High Court

Hon'ble Judge(s): Venkata Ramaiya, Balakrishnaiya , JJ

Mysore Guardians and Wards Act , S.16— Appointment of guardian - Matters for consideration. Guardians and Wards Act (8 of 1890) , S.17— In appointing guardian personal law of parties should be considered and in the case of Hindu child father is primarily entitled to be guardian - Girl child Jiving with father ever since estrangement between him and mother - father in good circumstances and though married a second time taking proper care of child and giving it education and training to become accomplished - Mother not in possession of any means and dependant on others - Child expressing preference for father - It is not in interest of child to disturb stay with father and hand her over to care of mother: Case law ref.(Para 6) Anno : Guardians and Wards Act, S.17 N.2, 3, 6, 7, 10.