JUDGMENT :- This is an appeal under Section 47 of the Guardians and Wards Act against an order of the District Judge of Unnao passed on an application purporting to be one under Section 10 of that Act. Section 10 of that Act only describes the form of an application and it is not correct to treat an application given in that form to be an application under Section 10. In fact the application is one under Section 7 of the Act. Section 7 provides that where the court is satisfied that it is for the welfare of a minor that an order should be made appointing a guardian of his person or property or both or declaring a person to be such a guardian, the court may make an order accordingly. The application was made by the father of the minor and it was contested by the mother in whose custody the minor was living.

The application was contested on the ground that the minor was born in the month of Bhadon and in the community to which the parties belong a son born in the month of Bhadon is born under inauspicious stars and he brings destruction to the family. It is on this ground that it was said by the mother that the father would kill the boy if he is given in his custody and he is appointe

Click Here to Read the rest of this document