1932 Present : Jayewardene A.J.

FERNANDO v. FERNANDO.

IN THE MATTER OF AN APPLICATION FOR WRIT OF habeas corpus

Habeas corpus-Children in custody of mother-Application to withdraw them-Moral conduct of mother-Detrimental to interest of children- Discretion of Court.

A mother may be deprived of the custody of her children where the Court, by reason of her conduct, thinks that it is detrimental to the interests of the children that they should remain in her charge.

THIS was in application for a writ of habeas corpus.

Aelian Pereira (with him N. Gratiaen), for the petitioner.

E. G. P. Jayetilleke (with him F. C. W. van Geyzel), for respondent.

September 12, 1932. JAYEWARDENE A.J.-

This is an application for a writ of habeas corpus by Albert Cyril Fernando, Registrar of Births and Deaths, Maradana, asking for the custody of his two children-a girl named Leila Godiva born in 1919, and a boy named Chandra Adam Bede born in 1921. ,The petitioner is a Sinhalese of the age of 41 years and is practising as a doctor and earning an average net income, according to himself, of about Rs. 7,000 a year. He was married in 1918 to the respondent Zul