RAHELA KHATUN--Opposite-Party vs RAMELA KHATUN AND ANOTHER — 1955 PLD 412

Citation: 1955 PLD 412

Court: Dacca

Year: 1969

Decision Date: 1969-11-18

Parties: RAHELA KHATUN--Opposite-Party vs RAMELA KHATUN AND ANOTHER

Headnotes

Case cited as PLD 1955 Lah. 412

Judgment Text

Court Name: Dacca Judge(s): Abdul Haye Choudhury Title: RAHELA KHATUN--Opposite-Party vs RAMELA KHATUN AND ANOTHER Case No.: Appeal from Original Order No, 112 of 1962 Date of Judgment:1969-11-18 Reported As: PLD 1971 Dacca 24 Result: Appeal dismissed JUDGMENT JUDGMENT This appeal arises out of an application under section 17 of the Guardians and Wards Act. Ramela Khatun, the respondent No, 1, the mother of minor Kasem Ali, filed the application in the Court of the District Judge, for her appointment as the guardian of his person and properties. It was alleged that Rahela Khatun, paternal aunt (fufu) and Amjad Ali Mondal, a distant paternal uncle of the minor, were in possession of the properties left behind by deceased Ator Ali, father of the minor. Rahela and Amjad were enjoying the usufructs of the properties of the minor and were trying to grab the same. The application was opposed by Rahela Khatun, the appellant before me, as well as Amjad Ali, on the ground inter alia that the applicant, mother Ramela, had since married one Fakir Mohammad Biswa s who was not within the prohibited degrees of the minor, and consequently she could not be appointed the guardian of the minor. The learned District Judge observed that there are conflicting decisions on the point. The learned District Judge, however, allowed the application and appointed the mother as the guardian of the person and properties of minor Kasem Ali. Hence this appeal by Rahela. Before me two grounds have been…

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