Law: Guardians and Wards Act (VIII of 1890)

Section: 17

    Guardians and Wards Act (VIII of 1890),   S. 17-Personal law of minor-Not absolutely binding on Court-Can be ignored in appointing guardian if welfare of minor so requires-Muslim woman, on death of her husband, marrying another person not related to her minor daughter, by previous husband, within prohibited degree --Not disqualified to be guardian of minor in all circumstances-- Guardianship of mother allowed to prevail over claim of paternal grand-mother of minor in circumstances of case.    JUDGMENT   This appeal arises out of an order passed by the learned Additional District Judge, Chittagong, appointing Maimuna Khatun, the guardian of the person and property of the minor Khaleda Begum. The respondent Maimuna Khatun filed an application before the lower Court for appointing her as the guardian of the person and property of the minor Khaleda, alleging inter alia, that Zohura Begum (the appellant before me) the mother of the minor left the protection of her mother-in-law Maimuna Khatun just after the death of Nur ul Islam, the son of the Maimuna Khatun and husband of Zohura Begum and that though the minor was living with her grandmother, namely, the petitioner, it was desirable that Maimuna Khatun, namely the grandmother might be appointed guardian of the person and property of the minor. It was further alleged that Zohura Begum, the mother was not a proper and fit person to be the guardian of the person and property of the minor inasmuch as within a short time of the death of her husband she took another husband and went away to the house of the second husband which was at a distance of 14/15 miles from the house of the petitioner.   The prayer of the respondent was opposed by Zohura Begum, the mother of the minor, on the ground that Maimuna Khatun was very old so much so that she was not in a position to look after the welfare of the minor; that the second husband of Zohura Begum was not a stranger to the family inasmuch as he married a daughter of Maimuna Khatun and on the death of the daughter of Maimuna Khatun, he married Zohura Begum and that the second husband who was a Fufa of the minor was very fond of her and…