Judgement JUDGMENT:- This first appeal under Section 47 of the Guardians and Wards Act, 1890 (for short 'the Act, 1890) is directed against the judgment and order of the District Judge, Delhi dated 19th Nov., 1979 dismissing the appellant's application under Section 25 of the Act for a declaration that she is the guardian of her minor son and for a direction to the respondents to give his custody to her. 2. In her application filed on 14th Jan., 1975 Smt. Nirmal Jain has pleaded that she was married to Vipin Kumar Jain on 5th Feb., 1965 at Del according to Hindu rites, that the marriage was consummated and a son was born on 9th Nov., 1968 who is named Ashu, that her husband died on 14th Oct., 1974 and at that time she was staying with her father at 68, Raja Park, Shakurbasti, Delhi, and that she was informed about his death after funeral ceremony. She has further pleaded that the respondents i. e. the mother, brothers and sisters of her deceased husband want to deprive her of the custody of her only son Ashu, that she is a teacher having sufficient income to maintain and educate her son, that her parents and brothers who are well settled also bear her personal expenses, that she is the natural guardian of her minor son and therefore entitled to his custody, that the respondents in spite of intervention by common relations and friends have refused to deliver custody to her, that they do not allow her to see the minor since the death of her husband, that they wrongly reported to the school authorities where minor is studying that the mother of the minor was dead, that they have no right to deprive her of his custody and that it is in the interest of the minor if he returns to her custody, she being a natural guardian. 3. 3. In defence the respondents have pleaded that the application under Section 25 of the Act, 1890 is not maintainable, that the appellant left her husband and minor son when he was only 10 months old, that she never came to see the child and her husband after 12th Sept., 1969, that she is unemployed and has no source of income and is unable to maintain even herself, that she was informed about the illness and death of her husband but she never came, that she is not entitled to the custody of the minor as he is being educated and maintained by them, that Anil Kumar respondent is employed as a Scientist in Cement Research Institute of India and getting Rs. 1,141/- per month, and that other respondents are running a private education school earning sufficient to maintain the minor. 4. The District Judge held that the appellant after the death of her husband was both the natural and legal guardian of the child and as such the application under Section 25 of the Act, 1890 was maintainable. He however held that the appellant failed to prove that the return of the custody was for the welfare of the boy. The District Judge has observed that all modern facilities such as television, refrigerator and telephone available to the minor in the house of the respondents cannot be provided by the appellant, that she did not care to look after the minor when he was just an infant and that the appellant had deserted matrimonial home and no notice demanding the custody. Of the minor was sent by her. 5. The appellant has claimed the custody of her minor son and has prayed for an order to be made declaring her to be the guardian of her minor son. These reliefs may be granted by the Court if it is satisfied that it is for the welfare of a minor that an order to that effect be made. Sections 7, 17 and 25 of the Act, 1890 read as under : "7(1) Where the Court is satisfied that it is for the welfare of a minor that an order should be made - (a) appointing a guardian of his person or property, or both, or (b) declaring a person to be such a guardian, the Court may make an order accordingly. (2) An order under this section shall imply the removal of any guardian who has not been appointed by Will or other instrument or appointed or declared by the Court. (3) Where a guardian has been appointed by Will or other instrument or appointed or declared by the Court, an order under this section appointing or declaring another person to be guardian in his stead shall not be made until the powers of the guardian appointed or declared as aforesaid have ceased under the provisions of this Act." "17(1) In appointing or declaring the guardian of a minor, the Court shall, subject to the provisions of this section, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor. (2) In considering what will be for the welfare of the minor, the Court shall have regard to the age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a deceased parent, and any existing or previous relations of the proposed guardian with the minor or his property. (3) If the minor is old en