Present : Shaw J. and De Sampayo J. 1920

CROOS v. VINCENT.,

57-D.C. Negombo, 1,849.

Application by mother to be appointed guardian and curator-Should respondent be named ?-Mother guardian without authority from Court-Is she entitled to be curator at the same time ?

A mother is by law the natural guardian of her infant children, and is entitled to look after them and to have the custody of them as against all other people after the death of the father. It is unnecessary for a mother to apply to the Court for authority to be guardian.

The only thing necessary in her case is to obtain the management of the property of the infant children, and she is entitled to apply for this.

THE facts appear from the judgment.

Croos-Dabrera, for petitioner, appellant.-The practice has been not to make any party respondent to applications of this kind. The Code does not make it imperative that there should be a respondent to an application by way of summary procedure. There is no necessity to make a party respondent when the petitioner apprehends no opposition. There are cases where the Court has allowed applications by way of summary procedure without i