Law: Guardians and Wards Act, 1890

Section: 7,39,47,47(b),9,9(3),25,26,28,29,32,40,4 3,44,45,48,41

Law: Guardians and Wards Act, 1890

Section: 7,39,47,47(b),9,9(3),25,26,28,29,32,40,4 3,44,45,48,41

Law: Azad Jammu and Kashmir Family Courts Act, 1993

Section: 21

Guardians and Wards Act (VIII of 1890)-------Ss. 7, 39, 47 & 48---Azad Jammu and Kashmir Family Courts Act (XI of 1993), S.21---Appointment of guardian---Removal of guardian, application for---Appeal to Shariat Court---Guardian Judge appointed respondent as guardian of person and property of minors---Application was moved- for removal of guardian on the ground that respondent had abused her trust and did not take proper care of the minors and it was further alleged that respondent had ill-treated the minors---Guardian Judge dismissed application for removal of guardian---Validity---Provisions of S.39 of Guardians and Wards Act, 1890 had to be followed which prescribed the grounds for removal of the guardian, whereas S.47 of said Act had defined appealable orders---Appeal could be presented to the Shariat Court only against order of removal of guardian under S.47 Clause (g) of Guardians and Wards Act, 1890, but no appeal had been provided by said Act when the court refused to remove a guardian---Guardian Judge having refused to remove the guardian, appeal was not tenable under the Guardians and Wards Act and was liable to be dismissed on that score alone---Even otherwise impugned order having attained finality under S.48 of the Guardians and Wards Act, 1890, could not be contested by the appellants. Irshad begum's case 2003 YLR 3245; Mst. Robeena Fazil's case 2005 SCR 37; Mst. Zakia Khatoon's case 1998 SCR 140; Mst. Azra Bi's case 2002 MLD 1213 and Bashir Bibi's case 2005 YLR 547 ref. AIR 1921 Pat. 166(2); AIR 1925 Oudh 260 and AIR 1948 All. 296 rel. Syed Riaz Hussain Naqvi for Appellants. Karamdad Khan for Respondent. ORDER IFTIKHAR HUSSAIN BUTT, J.--- The above captioned appeal has been presented against the decision of learned Judge, Family Court, empowered as Guardian Judge, Muzaffarabad, dated 17-12-2004, whereby an application filed by the petitioners for removal of the guardian-respondent was dismissed. Necessary facts forming the background of instant appeal are that Ali Ummar, respondent herein, filed an application for the appointment of guardian of the minor appellants Nos.2 to 6 before Guardian Judge, Muzaffarabad on 19-4-2003 on the ground that…

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