Checkout › Forums › Civil Law Discourse › Srimati Kamini Mayi Debi vs Bhusan Chandra Ghose (23/02/1926) › Muhammadan father applied for an order appointing him the guardian of his children
Muhammadan father applied for an order appointing him the guardian of his children
In Abubacker v. Mariyamma (1945) 2 M.L.J. 463 : 58 L.W. 587 : 223 I.C. 464 : A.I.R. 1946 Mad. 110, a Muhammadan father applied for an order appointing him the guardian of his children by the respondent. Subsequently the amended the petition and asked for an order of the Court requiring the respondent to return the children to his custody. The District Judge dismissed the petition. On appeal the Bench observed that a Muhammadan father being the lawful guardian of his minor children does not require an order of the Court to support his right to act as their guardian and in fact an application under the Guardians and Wards Act for an order appointing him guardian does not lie. The petition which the Bench was dealing with was one under Section 25 of the Act and the observation that a petition under the Guardians and Wards Act by the father for appointing him as the guardian does not lie, was not necessary for the disposal of the petition before the Court.