1947 Present; Nagalingam A.J.

KALU, Petitioner, and T. H. SILVA et al., Respondents.

S. C. Petition No. 849.

Minor-Custody of illegitimate child-Rights of maternal grandmother and father in Kandyan Law and Roman-Dutch Law-Habeas Corpus.

In the absence of authority in the Kandyan law which would enable the grandmother to claim preference over the father of an illegitimate child in regard to its custody-

Held, that the Roman-Dutch law was applicable and that, accordingly, the father of the illegitimate child had no right to the custody of the child as against the grandmother on the maternal side.

APPLICATION for a writ of Habeas Corpus asking for the custody of a Kandyan illegitimate child.

S. R. Wijayatilake, for the petitioner.

L. A. Rajapakse, K.C. (with him B. Senaratne), for the 1st respondent.

February 5, 1947. NAGALINGAM A.J.-

Having heard counsel I see no reason to differ from the view taken by the learned Magistrate in making his recommendation to this Court. Mr. Rajapakse contended that there was nothing in the Kandyan law which would enable the grandmother to claim preference over the father of an illegitimate child