JUDGMENT :- The father of the minor applies for removal of the present guardian Mujeebunnissa Begum, who is the mother of the minor, from guardianship, and for appointment of himself as the guardian of the person of the minor. The present guardian, who is the Respondent, was married to the Petitioner and owing to certain differences there was a divorce of this marriage. She applied in O.P. No. 59 of 1947 for appointment of herself as the guardian of the person of the minor, who was then a child of about two years of age. The Petitioner consented to her being appointed and by an order of this Court dated 20-3-1947 made in the said O.P. No. 59 of 1947, the present Respondent was appointed as the guardian of the person of the minor. Subsequent to this, there were certain proceedings in the Presidency Magistrates Court under Section 488 of the Criminal Procedure Code for orders as maintenance of the minor and a sum of Rs. 12/- was fixed as the monthly maintenance to be paid to the Petitioner. The said order is still in force.

2. It is now stated that the Respondent has married a second husband and by him she has now a female child and that under the Muslim Law, the mother is no