MAULVI MURTAZA RIZVI AND OTHERS Vs. BIBI SHAKILA

JUDGEMENT

(1.) This case relates to the question of guardianship of a Muslim minor girl. Her mother Bibi Shakila made an application under Sec. 7 read with Sec. 10 of the Guardians and wards Act, 1890 which has been allowed by the court below. The paternal relations of the minor have filed the present appeal under Sec. 47(a) of the Act, The father of the girl Syed Ali Imam is dead. The minor Rukaiya was six years old when the application was filed in 1983. The appellants have opposed the prayer on the ground that Rukaiya has been under the guardianship of her father's father Maulvi Sayeed Akhtar, the appellant no. 6 who should continue as such.

(2.) Ali Imam was the first son of Sayeed Akhtar from his first wife. Soon after his birth in 1952, the mother died. Sayeed Akhtar thereafter married Fatma Zohra, appellant no. 4. several children including the appellants 1 and 3 were born of this marriage. According to the case of the respondent, Ali Imam was looked after the brought up by his grand parents who died in 1970's. Sayeed Akhtar is a religious teacher and went to Africa on that mission and has been staying in different foreign countries since 1958. Earlier his second wife and her children were staying with him but for sometime now they are in India,

(3.) Ali Imam was married with respondent Bibi Shakila in 1976 and the couple got three children including Rukaiya. In 1983, Ali Imam died, according to the appellants' case a natural death. His wife, however, made serious accusations against his family members and lodged a first information report alleging that he was beaten to death by some of the, appellants. It has been stated by the appellants' counsel that the police disbelieved the respondents' case and submitted a final form.