Mohd Hishamudin Mohd Yunus J:

This is an application by a natural mother (the plaintiff) under the Guardianship of Infants Act, 1961 for the custody of her two illegitimate infant children. She had been living together with the putative father (the defendant), and as a result of their relationship, she bore him two children, a boy and a girl. The defendant later left the plaintiff and the children for another woman whom he subsequently married. Ever since the defendant left her, the plaintiff has been supporting the children without any financial assistance from the former.

The defendant appears not to be interested in contesting this application; for although duly served with the originating summons, he has failed to enter appearance as well as to attend this hearing.

Before Re Balasingam & Paravathy, Infants Kannamah v. Pillay, [1970] 2 MLJ 74 our Courts had always assumed that they had the jurisdiction under the Guardianship of Infants Act 1961 to entertain an application of this nature and to make such order as the Court deemed fit. For example, in Re Miskin Rowter, [1963] 1 MLJ 341, which is an application by a natural mother for custody of her illegitimate children und