R.M.A. Subramanya Pillai vs Ammayee Ammal alias Piramu Ammal and Another

The learned District Judge has dealt with the petition only with regard to the welfare of the minor, although u/s 19, Guardians and Wards Act, when the minor''s father is living no other guardian can be appointed unless he is in the Courts opinion unfit for appointment. Vide Audiappa Pillai v. Nallendran Pillai 29 Ind. Cas. 4 : 28 M.L.J. 442 : (1915) M.W.N. 30 : 17 M.L.T. 380. We must set aside the decision and ask the District Judge to re-admit the petition and dispose of it again in the light of the foregoing after considering and recording a finding as to the fitness of the petitioner, the minor''s father for the guardianship. Costs to date will be costs in the case.