( 1 ) A husband filed an application under S. 25, Guardians and Wards Act, 1890, against his wife for an order for the return of their minor daughter, then aged about 21/2 years, to his custody on the allegation that the child "was taken away from his lawful custody" by the wife and the application having been dismissed, the husband has preferred this appeal.

( 2 ) HOWEVER anachronistic it may appear to be, even to-day in India, proclaimed to be "secular" in its National Charter and mandated thereby almost four decades ago to secure to all its citizens a Uniform Civil Code, "religion" is still being allowed to have a dominant and decisive role even in secular matters relating to law and its administration and the rights and status of a person in matters relating to marriage, succession, guardianship and the like still depend on the religion he would belong to. The husband here is a Hindu, the wife a Christian and they were married under the Special Marriage Act, 1954. What religious community the child would then belong to? The question appears to have been authoritatively settled by both our pre-independence and post-independence Apex Courts, the Judicial