Mst. MAHMOODA SULTANA vs Mst. JAMILA BEGUM
This matter arises from a contest between the paternal grandmother and the mother of a minor girl, Mst. Faraz Wajid, regarding the appointment of the guardian of her property and the custody of her person. The lower courts concurrently found the mother to be the proper person to be entrusted with the custody and guardianship. The grandmother challenged these findings through a petition before the Supreme Court. The core legal question concerned whether the lower courts erred in their evaluation of the welfare of the minor in preferring the mother over the grandmother. The Supreme Court dismissed the petition, holding that the petitioner failed to demonstrate any legal defect or infirmity in the concurrent findings of the lower courts. The key principle laid down is that concurrent factual determinations regarding minor custody and guardianship by lower courts will not be interfered with by the Supreme Court in the absence of any established legal defect or infirmity.
- Whether the mother or the grandmother is a more suitable person for the custody of a minor girl and guardianship of her property?
- Does the Supreme Court interfere with concurrent findings of lower courts regarding minor custody in the absence of a legal defect?
ORDER
NASIM HASAN SHAH, J.--The contest is between the grandmother (petitioner herein) and the mother (responded herein) of Mst. Faraz Wajid, a minor girl, with regard to the question as to who should be appointed as the guardian of her property and to whom should her custody be entrusted?
2. The Court below have found her mother to be the proper person in this regard. The grandmother has challenged this finding through this petition.
3. The learned counsel appearing in support of this petition has not been able to show that the finding recorded by the Courts below suffers from any legal defect or is otherwise infirm. We do not, therefore, find any ground for interference.
4. These petitions are, accordingly, dismissed.