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1944 Supreme(All) 60

MALIK
Mt. Samiunnissa – Appellant
Versus
Mt. Saida Khatun – Respondent


JUDGMENT

Malik, J. - This is an appeal against the order passed by the learned District Judge of Bulandshahr under the Guardians and Wards Act (Act 8 of 1890). The appellant Mt. Samiunnissa applied that she be appointed guardian of the person of the minor Rashida Khatun, who at the time of the application in the year 1941 was a girl ten years old. The application was opposed by the mother of the minor Mt. Saida Kha-toon. During the pendency of the contest between the mother and the grandmother of the minor, Sayeed Ahmad brother of the appellant filed an application on 3rd August 1941 supporting the application of Mt. Samiunnissa for guardianship and praying in the alternative that in case the Court was not willing to appoint Mt. Samiunnissa the Court may appoint him, Sayeed Ahmad, as the guardian. The learned District Judge by an order dated 30th August 1941 appointed the mother as guardian of the person of the minor and directed that the mother should make proper arrangements for secular and religious education of the minor and submit a report to the Court on these points from time to time, and further passed an order that she or her husband Abdul Aziz should not arrange the marria

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