JUDGMENT George Knox and Karamat Husain, JJ. - The District Judge of Aligarh had before him an application made by Tota Ram, admittedly a very distant relative of one Joti Prasad deceased. The application was to be appointed as guardian of the person and property of the widow of the deceased Joti Prasad. The said widow, Musammat Reoti, is a girl of only 12 or 13 years of age. She has been up to this time apparently in the custody of her father. Under these circumstances the court below considered it only expedient that she should remain under that custody and not under the custody of this admittedly very distant relative. On behalf of Tota Ram, who has appealed from the order of the District Judge refusing his application and appointing the father Ram Charan as guardian, our attention is called to the case of Bonwari Lal Roy Vs. Khudiram Mookerjee, (1889) ILR (Cal) 584 In that case the learned Judges held that--under the test of Narada cited in the Dayabhaga, to the effect that when the husband is deceased, his kin are the guardians of his childless widow--if no other reason is made out against the husband's kin, preference should be given to them over the widow's paternal relations when a certificate of administration is required. No text has been cited to us from the Mitakshara or the Mitakshara school of law, but in a matter of this kind the real test which a court has to apply is the test laid down in section 17 of Act VIII of 1890. The point the courts have to consider is what will be for the welfare of the minor. We think it by no means for the welfare of the minor that a girl of twelve or thirteen should be relegated to the guardianship of a distant relative when she has already at her own door a guardian and is living happily under the guardianship of her own father. The court below has exercised a very proper discretion in the matter. We are not prepared to interfere with the order of the court below and dismiss the appeal with costs.