Jagat Narayan, J.—This is an appeal by one Rafiq a Muslim father, against an order of the Civil Judge Bundi passed under sec. 25 of the Guardians and Wards Act directing him to deliver the custody of his 3-1/2 years old daughter to his wifes mothers fathers sister Smt. Bashiran.

2. Rafiq divorced the minors mother Smt. Gulshan on 12.1.59. After the divorce the minor remained in the custody of her minor who was living with her father Bahauddin Smt. Gulshan however remarried on 29.7.60 and went to live with her husband leaving her minor daughter with her father Bahauddin. According to the finding of the learned Senior Civil Judge Rafiq took away his minor daughter from the house of Bahauddin without his consent. The present application under sec. 25 of the Guardianship Act was then filed on 1 .8.60 by Bahauddins sister Smt. Bashiran. This application was granted by the learned Senior Civil Judge on the ground that under the Mahomedan Law Smt. Banshiran had a preferential right to the custody of the minor, being the maternal aunt of her mother. According to Tyabjis Mahomedan Law, Third Edition, sec. 236 (at pages 275) the following persons have a preferential right over the father to t

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