Law: Guardians and Wards Act (VIII of 1890)

Section: 17,25

 Muhammadan Law-----Guardianship-Mere fact that mother (by remarriage to a stranger) has lost right of hizanat of her minor daughter-Does not finally determine question of future custody of minor-Question to be decided always in keeping with interest and welfare of minor-Guardians and Wards Act (VIII of 1890), Ss. 17 & 25.   The mere fact that the mother has lost the right of hizanat of the minor child will not finally determine the question of future custody of the child. This question will have to be decided always in keeping with the interest and welfare of the minor.   On dissolution of marriage between them, the parties entered into a compromise under which the husband surrendered his right to the custody of his minor daughter aged 4 years in consideration of wife's relinquishing her dower and claim of maintenance. Later the mother of the minor having remarried, the father applied for the custody of the minor on the ground that the new husband was not within the prohibited degrees of the minor. The trial Court found that there was no evidence to show that the minor was not properly maintained by the mother or that she was ill-treated by her or that the mother was leading an immoral life. It was further found that the father had also remarried and had got a child from the second marriage. The Court, therefore, did not consider it proper to give the custody of the minor to the father because she (minor) was not expected to get good treatment at the hands of her step-mother:   Held (on appeal), that in the circumstances of the case, there was no justification to interfere with the discretion exercised by the trial Court in the matter and that this was not a fit case in which the mother should be deprived of the custody of her minor child.   Saxsena's Muslim Law, p. 308 ; Fyzee's Outlines of Muhammadan Law, p. 173 ; Mulla's Muhammadan Law, p. 297, para. 354 and Mst. Mehraj Begum v. Yar Mohammad A I R 1932 Lah. 493 ref.   Date of hearing : 18th May 1964.   JUDGMENT   This Miscellaneous Appeal is from the order of the Sub-Judge, Jacobabad in Civil Miscellaneous Application No. 1 of 1961, dated 19th…