This appeal arises out of a petition by the mother of the minor, aged about 13, her natural guardian, under section 25 of the Guardians and Wards Act for recovery of her custody from her paternal aunt’s husband. The petitioner succeeded in the Court below.

It is argued for the appellant that the mother does not satisfy the definition of “guardian” in section 4, sub-section (2) of the Guardians and Wards Act and that her petition under section 25 of the Act is not therefore maintainable. The point made is that she is not a person in truth and in fact having the care of the person of the minor because it is the paternal aunt and her husband that are actually having such care. It is also said that she is not a guardian appointed or declared as such. I do not agree. Noshirwan v. Sheroshbanu1 supports my view. It is there held that the word “guardian” in the section is used in a wide sense and does not necessarily mean, a guardian duly appointed or declared by the Court but includes a natural guardian or even a de facto guardian.

It is argued next that a de jure guardian, not proved at one time to have had the physical care or custody of the girl, is not entitled to apply under se