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1978 Supreme(Del) 141

M.L.JAIN
JAIRAMGURNAMI – Appellant
Versus
SHANTAGURNANI – Respondent


M. L. JAIN, J.

( 1 ) THE parties have a son Babloo, who was born on April 26, 1974, and is in the custody of his mother, respondent Mrs. Shanta. The law is that the father is the natural guardian of his legitimate minor son and the mother ordinarily has the custody of a child who has not completed the age of five years. And yet the father Jairam Gurnani filed an application on June 7, 1975, for his appointment as a guardian of the child and for obtaining its custody from the mother. Respondent Mrs. Shanta moved an application under Order 32 Rules 3 read with Rule 15 and section 151 of the Code of Civil Procedure, 1908, that the petitioner was suffering from paranoia and was of unsound mind and therefore could not institute the application without the appointment of a next friend. The application was in fact under Rule 2 and not under Rule 3 which provides for such an application by a plaintiff or a petitioner against a defendant or a respon- dent. The petitioner contested the application. The learned Guardian Judge, Delhi, considering the allegations made and the documents produced by them, found it necessary to hold an inquiry into the matter, and on October 10, 1975, framed a p




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