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Judgment
Kailasam, J.—This petition was filed by Jacob A. Chakramakal praying that an ad-interim order declaring and appointing him as guardian of
the person of the minor daughter Mary alias Maya be made pending disposal of the appeal. This petition was filed on 8-12-1975 and was brought
up before us on the same date. After hearing Mr. Chakramakal we admitted the O.S. Appeal and directed notice to the respondent in this petition.
We observed that Mr. Jacob A. Chakramakal submitted that his daughter, Mary will attain majority tomorrow (9-12-1975) and if orders were
not passed she will not be under the control of the Court. Taking into consideration the facts of the case, we directed that as the girl Maya was
attaining majority on 9-12-1975, it was desirable till the matter is heard after notice to the parties that the petitioner is appointed as guardian.
On notice, the respondent-mother has appeared through counsel, Mr. K.N. Balasubramaniam. The learned counsel takes up a preliminary
objection to the jurisdiction of this Court to appoint a guardian on 8-12-1975 as, according to him, the girl Maya had attained majority before the
order was passed by this Court on 8-12-1975. Maya was born on 8-12-1957 and if she had attained majority before we passed the orders
during Court hours on 8-12-1975, this Court would not have had any jurisdiction to appoint a guardian for the minor.
Section 3 of the Indian Majority Act provides that a guardian shall be appointed or declared by any Court of Justice before the minor has
attained the age of 18 years. Section 4 states how the age of majority should be computed. It provides that in computing the age of any person, the
day on which he was born is to be included as a whole day and he shall be deemed to have attained majority at the beginning of the eighteenth
anniversary of that day. Maya having been born on 8-12-1957, according to Section 4, would have attained majority at the beginning of the
eighteenth anniversary of that day, i.e. 8-12-1975. The beginning of that day is accepted to be 12 midnight (vide ""Words and Phrases"" Permanent
Edition, Volume II, West Publishing Co., page 108). At page 113, it is stated that ""a legal day commences at 12 O''clock midnight and continues
until the same hour the following night. Cheek v. Freston, 72 NE 1048, 1049, 34 IA 343"". Accordingly the minor would have attained majority at
midnight of 8-12-1975. Illustration (a) to Section 4 of the Act makes the position clear. Dealing with a person born on the first day of January
1850, it states that he attains majority on the first moment of the first day of January 1871.
In this view, the preliminary objection raised on behalf of the respondent by her counsel will have to be upheld and C.M.P. 13806 of 1975
dismissed. The interim order appointing the appellant-petitioner as guardian of the minor daughter Mary alias Maya is also vacated.
Post the appeal on 2-2-1976.