JUDGMENT - D.N. MEHTA, J.:---This is a petition filed under the Guardians and Wards Act, 1890 by the petitioner for the custody of her minor son named Malcolm. The petitioner who was formerly a Zoroastrian by faith was married to one Kersi Soli Shroff according to the rites and tenets of the Zoroastrian religion. The said Kersi Shroff died in Bombay on the 18th of April, 1979 under rather tragic circumstances. On 13th March, 1979 i.e. about a month prior to the death of the said Kersi the petitioner gave birth to a son, whose custody is the subject of the present controversy.

2. Respondents 1 and 2 are the father and mother respectively of the deceased Kersi. Respondent No. 3 is the maternal grand-mother of the petitioner and respondent No. 4 is the father of the petitioner. Shortly after the birth of the minor Malcolm, the petitioner and her deceased husband appear to have separated. On 21st March, 1979 the deceased Kersi left the flat at Andheri where he cohabited with the petitioner and went to reside with his parents respondents 1 and 2. On 18th April, 1979, Kersi took an over-dose of sleeping tablets and died as a result thereof. Between 10th June, 1979 and 7th July, 1979 the

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