Matter if can be held as natural guardian of illegitimate child under English law.

This is a petition under sections 7 to 10 and 25 of the Guardians and Wards Act, 1890, for declaring the petitioner herein to be the guardian of the person of the petitioner’s minor illegitimate daughter born on 8th September, 1955, and for directing the respondent herein, the putative father of the said illegitimate child, to give custody of the said minor child to the petitioner herein. The respondent is the husband of the petitioner’s mother’s younger sister. The petitioner, two other daughters and her brother were the children of her parents. After the death of the petitioner’s father, the petitioner’s mother married one G. Ballard. The petitioner claims to be very much attached to her aunt, namely, the wife of the respondent. According to the petitioner, she used to frequently visit the respondent and his wife. From 1950 to 1963, the petitioner lived with the respondent in the respondent’s house as his mistress and it is as a result of this illicit connection between the petitioner and the respondent, the daughter was born on 8th September, 1955. In 1963, the petitioner left India for England, where she secured a job as a shorthand-writer Secretary. During the period of her stay in England, she used to send small amounts and presents to the illegitimate daughter. In December, 1967, she came over to India and the evidence makes it clear that she was friendly with the respondent. She requested the respondent to send the minor to England along with her at least for a holiday and the respondent also agreed to send the minor to England during the summer vacation, when the school would remain closed. I may mention here at this stage that the minor is studying in VII Standard in St. Kevins Presentation Convent, Rayapuram. During her stay in India, in December, 1967-January, 1968, for the purpose of taking the minor to England, the petitioner contacted the High Commissioner of the United Kingdom, at Madras and she was advised that she must obtain a declaration of sponsorship for the child. After the petitioner returned to England in January, 1968, on 31st January, 1968, she made a sponsorship declaration before a Notary Public in London, undertaking to bear the cost of passage of the minor from India to United Kingdom, to maintain her during her stay in the United Kingdom and repatriate her to India at her cost, if and when necessary. She sent the sponsorship declaration to the respondent herein to enable him to take necessary steps by way of obtaining a pass-port and completing the other formalities with a view to send the minor to England. A photostat copy of the said declaration of sponsorship has been filed as Exhibit P-1, in this case. The petitioner’s case is, that after she sent the declaration of sponsorship to the respondent, the respondent did not take steps pursuant to the same, as agreed to by him for sending the minor to England, when the petitioner was here in India and her letters to the respondent in this behalf were not replied to and she wrote to the minor also and she also did not write back. On the other hand, the case of the respondent is that the minor was not willing to go to England and he replied to the letters of the petitioner. It is under these circumstances, the petitioner has now come over to India and instituted the "present proceedings before this Court.

In the petition and in the affidavit filed in support of the petition, the case of the petitioner with regard to her prayer for being declared a guardian of the minor is that she is the mother of the child and has great love and concern for the minor’s welfare and she is the natural guardian and that she is in a good position and hence she is able to maintain the minor in comfort in a decent atmosphere. In support of her case that the respondent should be directed to hand over the custody of the minor child to the petitioner the petitioner states that the law recognises the right of the mother to the guardianship of her illegitimate child