JAHIDABI W/O SHEIKH IBRAHIM Vs. SHEIKH AJMODDIN

JUDGEMENT

(1.) HEARD.

(2.) ADMIT. Taken up for final hearing with the consent of the parties.

(3.) MR.S.C.Dargad, learned counsel for the appellants submitted that the General Law will take precedence over Personal Law. According to him as per the General Law, the appellants would be the legal guardians as the minor Sk.Mehraj is residing with the appellant No.1 and is being taken care by her. The learned counsel relied on the judgment of the learned Single Judge of this Court in a case of "Mohammad Shafi Vs. Shamin Banoo" reported in AIR 1979 Bombay 156. The learned counsel further contended that it is only to grab the amount received under the Workmens Compensation Act, in the name of minor, the application was moved. When the minor is actually and physically residing with the appellants and the appellants are taking care of her person then no other person can be appointed as legal guardian except the present appellants.