The welfare of the minor children should be the dominant factor considered by the court, and the legislative guidelines in Section 7, read with Section 17, should be the primary consideration.

( 1 ) THESE two appeals are disposed of by the following common order as the questions of law which arise out of them are similar as well as the facts.

( 2 ) FOR convenience, we state the facts of the cases in M. F. A. No. 2092 of 1990 as well as in m. F. A. No. 2093 of 1990. The appeal is directed against the separate orders dated 26th day of February, 1990 in G. and w. C. 56 of 1989 of the file of the 1st Additional civil Judge and Judicial Magistrate, Mangalore and G. and W. C. 57 of 1989. The first applicant before the lower Court in both the cases was the society of Sisters of Charity represented by the head of the institution-Sister Evangeline menezes, Superior, Nirmala Social Welfare centre, Ullal, Dakshina Kannada. The 2nd and 3rd applicants, who are the appellants in M. F. A. No. 2092/1990 are Mr. Armando Francesetti and mrs. Enrice Munini Francesetti. The second and third appellants in M. F. A. No. 2093 of 1990 are Mr. Solaroli and Mrs. Anna Fabbri-Solaroli of Italy represented by Sister Dorothy Saldanha, society of Sisters of Charity, St. Gerosa Convent, care of Stella Maris Convent, Malleswaram, Bangalore.

( 3 ) THE first appellant-applicant made a petition under Section 7 of the Guardians and Wards act seeking the relief of appointment as guardian of minor child Kavitha, a child born in wedlock (legitimate), but having lost her father soon after her birth. In that circumstances, given away to the custody of the first appellant-applicant by the mother as she was unable to support the child on account of poverty. In the other case, the child in respect of whom guardianship has sought was one Gloria, a child born out of wedlock (illegitimate ). The child was therefore handed over to the first applicant-appellant to be brought up.

( 4 ) KAVITHA was born on 5-12-1989, while gloria was born on 4-4-1989. Kavitha was offered in adoption by the first applicant-appellant in M. F. A. No. 2092/1990, while Gloria was offered in adoption to the second and third appellants in M. F. A. No. 2093 of 1990.

( 5 ) THE Court, as is apparent from the facts stated in the order dated 26th February, 1990, records that the application was filed by the petitioners-applicants under Section 7 of the guardians and Wards Act, 1890 (hereinafter referred to as the Act) apparently with the ultimate object of adopting the child in question. The order further discloses that the 1st petitioner made effort with the object of interesting likely indians and in the alternative, Indians abroad and persons of Indian origin so that suitable couple or persons among them may seek the adoption of Kavitha. The order records further disclose that the first applicant-appellant having failed to find a suitable home, ultimately, agreed to give in adoption to the custody of second and third applicants. These averments do not appear to have been disputed by any person as there was no respondent named in both the applications. It was in that circumstance and pursuant to circular instruction issued by this Court and having regard to the decision of the Supreme Court in lakshmi Kant Pandey's case, AIR 1984 SC 469, the Court directed notice to Karnataka State council for Child Welfare, an organisation registered under the Karnataka Societies registration Act with the object of assisting inter-State Adoption of Children as well as inter country Adoption in accordance with guidelines issued by the Supreme Court in the aforementioned case as well as the clarification issued in the same case later (see AIR 1986 SC 272 ). The said Council of Child Welfare submitted as detailed report which certified the applicants in both the cases as persons fit to be appointed guardians and also certified that it was in the minor's interest that second and third appellants in the respective two cases be appointed as guardians under Section 7. But, however, a rider was added in the report and the certificate that the child had not been offered for adoption to Indian parent