UMMINI Vs. SARIBA

JUDGEMENT

(1.) THE dispute about the right to have the custody of an infant less than 2 years of age has given rise to this appeal.The rival claimants are the maternal grandmother and the paternal.The child is an orphan.The father died even before the birth of the child.Three months after the child was born,the mother also died,leaving the infant in the custody and care of her own mother.While the child was thus in the custody of the grandmother,the first appellant took away the child to her own house and subsequently refused to return it to the maternal grandmother.It was under these circumstances that the maternal grandmother applied to the lower court to declare her status as the guardian of the child and to have the child restored to her custody.There was dispute about the guardianship of the minor 's property.The lower court,after considering all the circumstances,passed an order appointing the second appellant as the guardian of the minor 's property.As regards the person of the minor,the petitioner before the lower court who is the respondent in this appeal,was accepted as the proper and legal guardian and custody of the child was also given to her.The present appeal is directed only against the order regarding custody of the minor.

(2.) THE parties are Muslims and under Mohammadan law,the maternal relations of a female orphan will have preferential claim to the guardianship and custody of the child.Thus the petitioner respondent 's claim for guardianship in preference to the first appellant is not open to any objection.

(3.) IN the result,this appeal is dismissed with costs.