1961 Present: Sansoni, J.

A. D. WERAGODA, Petitioner, and R. WERAGODA and another,
Respondents

S. C. 320/60-In the matter of an Application for a writ of Habeas Corpus
 to produce the body of Master Veraj  Sharm  Weragoda

Habeas corpus-Custody of infant-Rights of mother as against father-Courts 'Ordinance s. 45 (a) (b)-Effect of words " the body of any person to be dealt with according to law".

In an application for a Writ of habeas corpus made by a mother for the custody of her 9 1/2 year old son who was, at the time of the application, in the custody of his father-

Held, (i) that the mere fact that, at the time of the application, the boy" was in the custody of his natural guardian was not a bar to the application. In such a case, section 45 (a) of the Courts Ordinance is applicable.

(ii) that, in a case like the present one, " the Court will decide who is to have the custody of the child after taking into account all the factors affecting the case and after giving due effect to all presumptions and counter-presumptions that may apply, but bearing in mind the paramount consideration that the child's welfare is the matter that the Cour