Guardian And Wards Act, 1890


Guardian And
Wards Act, 1890




petitioner Abdur Razzaque Sardar sought for the custody of his minor daughter
Rekha presently aged about 15 years and 9 months. Rekha appeared before the
trial court as a court witness and expressed her willingness to live with her
mother who was divorced long ago by petitioner Abdur Razzaque who had already
taken a second wife while her mother Mosammat Jahanara Begum did not as yet
take a second husband. The petitioner did not take any care of his minor daughter,
nor did he pay any money for her maintenance except giving her small gifts and
visiting her at school at times. Under these circumstances, considering the
welfare of the child, the High Court Division was right in refusing the custody
of Rekha to the petitioner.

Razzaque Sardar Vs.Mosammat Jahanara Begum, 16 BLD(AD)163.


Guardian and Wards Act, 1890

Guardian and Wards Act, 1890 (VIII of 1890)

Appointment as
guardian for the person and property of the lunatic

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.

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.