THE GUARDIAN AND WARDS ACT, 1890, CASES

Section-17

Appointment of aB 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.