J U D G M E N T

C.S.Sudha, J.

Does the Qur'an or Hadith specifically prohibit or bar a mother from being guardian of her minor child's person and property? Article 13 of the Constitution says laws cannot be inconsistent with or in derogation of the fundamental rights. If that be so, will not prohibiting a Muslim mother from being guardian of her minor child's person and property, be violative of Articles 14 and 15 of the Constitution, asks/queries Sri. Firoz K.M, the learned counsel for the appellants. If it is violative, can the court interfere to set right the injustice, if any, caused? According to the learned counsel, the answer to the first question is an emphatic no and to the remaining part, in the affirmative. Let us examine whether the arguments advanced are tenable or sustainable in the light of the settled position that a Muslim mother cannot be the guardian of her minor child's person or property except movable property. We propose to consider the issues involved herein strictly going by the precedents laid down by the Hon’ble Supreme Court being the law of the land under Article 141 of the Constitution of India.

2. Extensive arguments have been advanced by either side by