Law: Guardians and Wards Act, 1890

Section: 25

(a) Guardians and Wards Act (VIII of 1890), S. 25 Minor retained by grand parents while widowed mother was allowed to go Minor deemed to be"removed"from custody of her guardian¬---Mother natural guardian. On the death of her husband, the minor's mother (appellant) wanted to leave her parents in law with whom she and her husband had been living, the minor having been looked after from infancy by her father's sister. The mother was told, however, that she was at liberty to go but she could not take her minor daughter with her. Held, that the child must be deemed to have been removed from her custody, even though she left the house of her parents-¬in law of her own will, for the taking of the minor by her was refused by the latter. It was not a case of her being turned out of the house, but it was established that she wanted to take the minor with her, and the minor's custody was refused and denied to her. The mother under the personal law being a. natural guardian of the minor is entitled to make an application under section 25 of the Guardians and Wards Act, for restoration of the custody of the minor. Mst. Siddiq un Nisa v. Nizam ud Din Khan A I R 1932 All. 215 considered. Mst. Niaz Bibi v. Faz'al Ilahi P L D 1953 Lah. 442 rel. (b) Muslim Definition Mere profession of Islam, whether enough. It is a well recognized principle of Shariat that a person, who has read ` Kalma ' even once, believes in the unity of God and that the Prophet Muhammad (peace be upon him) is the last Prophet and professes to be a Mussalman, must be accepted as such. A Muhammadan is a person who professes the Muhammadan religion, that is, acknowledges that there is but one God and that Muhammad is His Prophet. (Principles of Muhammadan Law by Mulla, para. 19, Chapter 11, 1950 Edition). Maula Bakhsh v. Charuk P L D 1952 Sind 54 ref. (c) Guardians and Wards Act (VIII of 1890), S. 25 read with S. 17 Restoration of minor Welfare of minor paramount con¬sideration Minor to be brought up in father's religion Minor girl's prospects of marriage and dowry relevant consideration. A comparison of section 25 with section 17 Guardians and Wards Act indicates that the dominant consideration in an…

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