AB GANI RASTI Vs. MUNEERA BANOO

JUDGEMENT

(1.) THIS appeal under section 46 of the J&K Guardian and wards Act (hereinafter to be referred to as the Act) is directed against the order dated 22.5.2000 recorded by the learned Principal District Judge, Srinagar in a Guardian application No. 182/Guardian of 1996.

(2.) IT appears that the appellants -petitioners through the medium of aplication styling it as petition under section 25 of the Act approached the Principal District Judge Srinagar for declaring them as Guardian for the person and property of minor namely "Qurat -ul -ain" six years old daughter of their son -on the strength of being her paternal grant parents. The respondent who is the natural mother of the said Qurat -ul -ain resisted the petition by filing her written objections inter -alia stating that being the natural mother of the minor she is entitled to her custody and apointment as Guardian. It is further stated that she was living in her matrimonial home alongwith her minor child, after the death of her husband she was turned out from his house by the appellants -petitioners. That the minor is being looked after well so as her health and medical care is concerned. The learned trial court on conclusion of the proceedings came to reject the petition by virtue of order dated 22.5.2000. This order is impugned in this appeal.

(3.) THE appellants have assailed the impugned order inter -alia on the ground that the aplication before the trial court was not one for declaration of Guardian but was one for the custody of minor under section 25 of the Act. That the proof required under sec. 25 of the Act is different than required under sec. 7 of the Act.