Guardianship or love for the children…
Written by- Preksha Jain
In the case, Irfan Ur Rahim Khan v Farha Khan it is asked whether the minor be involved in the personal law…?
Minor faces pressure on him/her for this issues of his/her father and mother problem.
“If there is a conflict between the personal law to which the minor is subject and the consideration of the miners’ welfare, the latter must prevail. Likewise where the provisions of law are in conflict with the provisions of Guardians and Wards Act, the latter will prevail,” the Court said.
In this case, the court clearly said the children will not be troubled or will be brought in between the conflict of the parents and even said all the oral evidence will be excluded.
Under the guardianship of Mohammedan law the court said that the children will be in the custody of the mother. The boy till 7 years of age and the girl till 14 years of age till she reaches her puberty.
Despite this the court also took a decision that it will look after the childrens will also before considering any guardian for them.
The children also have the right to get kind care and affection.
So keeping this in mind the court also stated the children not only require the statutory obligation but also the touch and affection is necessary to them.
Senior Advocate AA Ansari with advocates Aman Ansari and Meera Ansari appeared for the appellant while the respondent was represented by Advocate Indira Tripathi.