Km. Sunita And Anr. vs Smt. Shyam Kali on 1 October, 1981
(2) G. P. ponniah, Asari v. Suppiah Asari, AIR 1935 Mad 363. In this case the petitioners were father and brother of a minor girl aged 9 years and the respondents were her maternal uncles. The girl's mother died when she was about one year old. Taking into consideration the entire facts it was held that the father's right to the custody of the minor, a prima facie right, could be negatived by the circumstances showing either past indifference and neglect or tacit consent in the infant being brought up by other relatives. It was further held that if the application for the custody of minor was not bona fide, it cannot be allowed.