Imambandi v. Mutsaddi
(1918) 45 IA 73 · Supreme Court of India
The mother is not the natural guardian of the property of a minor under Sunni law; the father's right of guardianship of property is preferred, subject to the child's welfare.
Unit III · Family Law – II (Muslim Law and Other Personal Laws)
Parentage, legitimacy and guardianship
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| Guardians and Wards Act, 1890 | 7 | Power of the court to make order as to guardianship |
| Guardians and Wards Act, 1890 | 17 | Matters to be considered by the court in appointing guardian |
| Guardians and Wards Act, 1890 | 19 | Guardian not to be appointed by the court in certain cases |
Landmark cases
Githa Hariharan v. Reserve Bank of India
(1999) 2 SCC 228 · Supreme Court of India
The welfare of the minor is paramount; 'after' in the Hindu Minority and Guardianship Act does not sideline the mother during the father's lifetime, a principle that informs guardianship generally.