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1978 Supreme(Pat) 98

M.P.SINGH
Mst. Bibi Saira Khatoon – Appellant
Versus
Mst. Bibi Shahidan Khatoon – Respondent


Judgment

1. This Miscellaneous Appeal is from an order of the Fifth Additional District Judge, Patna, dated 11th Dec., 1976 appointing the respondent as a guardian of the three minor children of Noor Mohammad, namely, Zubeda Khatoon, Firoz Khatoon and Md. Zakir Hussain. The minors are by religion Muslims of the Hanafi sect and they are governed by Hanfi School of Muhammedan Law. They were all aged below eight years. Their age varied from 2 to 8 years. The respondent was appointed their guardian under S. 7 of the Guardians and Wards Act, 1890. She is the grandmother of the minors. The appellant Bibi Saira Khatoon is their mother. The husband of the appellant named Noor Mohammad alias Noor Mian was murdered in the year 1971 leaving behind the aforesaid three minor children and his widow, namely, the appellant. Molvi Miajan was the husband of the respondent and father of Noor Mohammad. He died on 1st Dec., 1973 leaving behind his widow the respondent, his daughter Zaibunnisa and his daughter-in-law, the objector-appellant. The oral evidence adduced by the parties before the Additional District Judge was of uniform type. Evidence of the applicant was that the children were kept nicely b




















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