Muslim Mother Cannot be Guardian of Her Minor Children: Kerala High Court

 - Sakshi Post

Kochi: With reference to the precedents of the Supreme Court, the Kerala High Court has observed that it cannot hold a Muslim woman can be the guardian of her minor child's property. The high court said even though the personal law which prevents Muslim women from being guardians can be argued to be violative of Articles 14 and 15 and hence void, the court cannot go into the same since it is bound by the precedents set by the Supreme Court.

The court was hearing a petition filed by C. Abdul Aziz from Kozhikode and a dozen others over a partition deed in which a Muslim mother acted as a legal guardian of her son’s property.

“That being the position, as the Shariat Act has been held to be not a State legislation, it cannot be tested on the anvil of Articles 14 or Article 15 of the Constitution as argued on behalf of the appellants,” said a division bench of Justices P.B. Suresh Kumar and C.S. Sudha in its order on Tuesday, reported by Bar and Bench. 

The court further pointed out that since there are numerous decisions from the apex court, which holds that a Muslim mother cannot be a guardian of her minor children, the High Court is bound to follow the law declared by the apex court as provided under Article 141 of the Constitution.

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