Appointment as guardian for the person and property of the lunatic

Order passed by the learned District Judge— The revisional application before the High Court Division, not competent, as an appeal lay to the said court from the order of the learned District Judge.

Shahana Begum Mina Vs. Most. Khodeja Begum 7 BLT (AD)-1.

Section- 17

Appointment of a guardian of a Mohammedan minor

In the instant case, no other disqualification of the mother excepting her marriage to a stranger was raised by the petitioners. It is the view of the Courts below that the uncles are acting against the interest of the minor by their recourse to litigation to deprive her of the property as bequeathed by her father. In the circumstances, the court of appeal below has correctly affirmed the conclusion of the learned Assistant Judge that the welfare of the minor would be best secured and achieved in the custody of the mother.

Md. Rahmatullah & Ors. Vs. Most. Sabana Islam & Ors. 10 BLT (HCD)-327

Section-25(I) Read with The Family Courts Ordinance, 1985 Section-5

Interim order of custody of children in favour of a Christian mother.

Admittedly, the parties are already before a family court, at the instance of the appellant father, in a guardianship proceeding for the children—considering the facts and circumstances of the case and the present interest of the children, and also in consideration of the affidavit sworn by Sharon Laily Begum Jalil before the notary public, Dhaka on 12 March, 1997 and those of her father Shamsul Haque on the same day and on 16 March 1997, all filed in Court, and particularly in view of their undertaking that the children will not be taken out of the jurisdiction of this Court save and except with leave of this Court, it is directed that (1) Jesmin Akhter Jalil (2) Sharlean Akhter Jalil and (3) Mohammad Shah Alam Jalil shall remain in the custody of their mother Sharon Laily Begum Jalil pending disposal of Family Suit.

Abdul Jalil & Ors Vs. Mrs. Sharon Laity Begum. 6 BLT (AD)-62

Section – 12(1)

The suit is for custody of the plaintiff-petitioners son — suit is pending in the Family Court since 1994 — in all fairness a father cannot be denied access to his minor son while in the custody of the mother.

Akhtar Masood Vs. Mrs. Bilkis Jahan Ferdous 5 BLT (AD)-107.