Judgement

Appeal from a judgment and decree of the High Court (October 29, 1913) affirming a judgment and decree of that Court in its original civil jurisdiction (April 22, 1913).

The respondent G. Narayaniah, having by agreement given the custody and bringing up of his two minor sons to the appellant, revoked the agreement, and in October, 1912, instituted a suit against her in the District Court of Chingleput by a plaint claiming (1.) a declaration that he was entitled to their guardianship and custody; (2.) a declaration that the appellant was not entitled, and in any case was unfit, to have the charge and guardianship of them ; (3.) a direction to the appellant to hand them over to him, or to such other person as to the Court should seem fit. The circumstances under which the suit was instituted, so far as they are material to the decision, appear fully from the judgment of their Lordships.

At the date of the commencement of the suit the minors were resident in England, and with the exception of a period between September, 1911, and February, 1912, they had not resided within the jurisdiction of the District Court of Chingleput since September, 1910.

The suit was transferred fr