1. This petition is to revise the finding of maintainability of an application, for the custody of a minor Hindu girl aged 7 years, moved by the mother against the father.

2. The facts are thus: The parents with their children were living together in Palghat till March 21, 1960, when the mother left the father taking with her the girl who is their last child. In April 1960, the father shifted his residence to Madras taking with him the other children. The mother returned to Palghat thereafter, and the girl resumed school-going. On September 14, 1960, the father came down to Palghat and took the girl from the school to Madras. On September 22,1960 the mother moved the instant application, under S.25 of the Guardian and Wards Act, 1890, praying,

"The Honourable court be pleased

(a) to direct the respondent to produce the minor girl before this court and to order that the girl be restored to the custody of the petitioner;

(b) to order the respondent to pay the petitioner her costs in this proceedings; and

(c) to grant all other just and incidental reliefs as the court deems fit and proper."

An objection as to the maintainability of the application having been raised by the fathe