Muslim Law | Partition Deed Executed By Mother On Behalf Of Minor Children Acting As Their Guardian Not Valid
Case: C Abdul Aziz & Ors. v Chembukandy Safiya & Ors.
Coram: Justice P. B Suresh Kumar and Justice C.S Sudha
Case No.: RFA NO. 40 OF 2012
Court Observation: “There is nothing in the Qur’an or the Hadith prohibiting or barring women from being considered as guardians of their minor offsprings…Be that as it may, this court is bound by the decisions of the Hon’ble Supreme Court.”
“It is no doubt true that in this modern age, women have scaled heights and have slowly but steadily stormed several male bastions. As pointed out, many Islamic countries or Muslim-dominated countries have women as their heads of State. Women have been part of expeditions to the space too.”
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Keywords
Partition Deed, Minor Children,