Present : Fisher C.J., and Drieberg and Akbar JJ.

In the Matter of an Application for a Writ of Habeas Corpus.

GOONERATNAYAKA v. CLAYTON.

Habeas corpus-Custody of girl over sixteen years-Right of parents- Wishes of girl-Age of discretion.

Where a father -seeks to resume control of the custody of a girl of over sixteen years by a writ of habeas corpus.

Held, that it was competent to the Court to take into consideration the wishes of the girl, in determining the question of custody.

THIS was an application for a writ of habeas corpus by the petitioners, the parents of the second respondent, for the production of the body of their daughter, the second respondent, who was placed by the petitioners in the custody of the first respondent for education at a boarding school, of which the first respondent was the principal.

The second respondent was seventeen years of age. The question referred to a Bench of three Judges was whether the Court should take into consideration the wishes of the second respondent in determining the question of custody.

F. de Zoysa, K.C. (with W. M. de Silva), in support.-Under the Roman-Dutch law parental po