VYAVASTBIA'-DARPANA. 563 The meaning is, let him act in such a manner that other heirs may not take the whole, defrauding the infant, who is incapable from nonage of conducting his own assairs; or the sense may be, let him commit the share of the minor in trust to any one co-heir or other guardian. Until he return from “the house of his preceptor;” this alludes to the (first) three classes, for persons of those tribes are not qualified to conduct their own affairs before they return home. “Or until he have past his minority;” this alludes to the servile class : a young man has past minority when his age is not less than sixteen years, (that is, when lie has completed his fifteenth year). Coleb. Dig. vol. III. p. 5 #2. Thus, 244 It rests with the sovereign to take care of the infant and his property, or to appoint a guardian for the purpose." 2.15 The guardian should be a fit person from amongst the infant's relations, the paternal male kindred being always preferred to the maternal relations and females.” The order is as follows:– 246 The father is recognised as the natural as well as legal guardian of his minor children.t The mother, being the natural guardian of her infants, is not included among the females, but is ranked next to the father. Consequently,– 247 The mother (a) assumes the guardianship on failure of the father.f (a) The term ‘mother’s comprehends also the step-mother.
- l'ide ('oleb. Dig. vol. 111. p. 541. Maen II. I. vol. 1. pp. 103, 104.
† See Maen. 11. I. vol. I. p. 104.
- And this has been held to include the stcp-mother, whose right of guardianship was declared to be superior to that of the minor's paternal uncle. Mae. II. L. Vol. 1. p 104.
Sir William Macnaghten says: “ISut where the duties of manager and guardian are united, she is, in the excrcise of the sorlmer capacity, necessarily subject to the control oi her husband's relations : and with respect to the minor's person likewise, there are some acts to which she is incompetent, such as the performance of the several initiatory rites, the management of which rests with the paternal kindred. ” ( Vol. 1. p 103). Although this is according to the spirit of our law, yet the necessity of a mother's being subject to the control of her husband's relations in the management of her imnor sons affairs not being recognized by the present courts of justice, it has in practice become quite optional with her to be or not to be under the control of the husband's relations in the exercise of her capacity as manager. Vyavastha.* Vyav astha” Voyav astha? \ y ava-t há
