RIZWANA BEGUM @ PAPPOO Vs. NOOR AHMAD

JUDGEMENT

(1.) HEARD Sri T.A.Khan, learned counsel for appellant and Mohd. Islam, learned counsel appearing on behalf of the respondents.

(2.) THIS is an appeal by the mother, Faraz Ahmad against the order dated 30.08.2006 passed by Additional District Judge, J.P.Nagar, by which the petition filed by the respondent/father has been allowed and Noor Ahmad has been appointed as guardian and a direction has been issued for giving custody to him.

(3.) MOHD . Islam, learned counsel for the respondent submitted that Section 6 of the Act provides that in the case of minor, nothing in this Act shall be construed to take away or derogate from any power to appoint a guardian of his persons or property or both, which is valid by the law to which the minor is subject. In the present case, the minor is subject to the Muslim Law and under the Muslim Law, father is entitled for the custody of minor, therefore, the provisions of Guardian and Wards Act does not apply and no one else can be appointed as guardian. He further submitted that under Section 19 of the Act, the Court is not authorised to declare a guardian of minor whose father is living and is not in the opinion of the Court, unfit to be guardian of the person of the minor. In the present case no finding has been recorded that father is unfit to be guardian of minor and in the absence of any such finding, mother can not be appointed as guardian.