It appears that the trial Court granted custody of the minor boy to his father although the suit was filed for appointment of guardian of minor boy but since the father is natural guardian of child he need not make prayer for appointing him as guardian under section 7 of the Guardian and Wards Act, rather he can claim for custody of minor child which the Court rightly granted under the facts and circumstances of the case. In the plaint averments have been centered around seeking custody of the minor boy and as such the courts below rightly granted custody of the minor boy to the plaintiff under section 25 of the Guardian and Wards Act, 1890. ...Md. Ahsan Ul Monir & ors. Vs. Dr. Md. Fakhrul Islam & ors., (Civil), 15 SCOB [2021] HCD 87 ....View Full Judgment

In deciding the custody of minor child, the best interest and wellbeing of the child is paramount consideration as mandated in Section 17 of Guardian and wards Act, 1890. It is stipulated therein that in considering the welfare of the minor, the court shall have regard to the age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes if any, of a deceased parent, and any existing or previous relations of the proposed guardian with the minor or his property. It is further stipulated that if the minor is old enough to form an intelligence preference, the Court may consider that preference. ...Md. Ahsan Ul Monir & ors. Vs. Dr. Md. Fakhrul Islam & ors., (Civil), 15 SCOB [2021] HCD 87 ....View Full Judgment

In this aspect, we have also meticulously gone through the provision employed in section 25 of Guardian and Wards Act, 1890. The essence of such provision also denotes the welfare of a minor child in case of giving custody of his/her person or property. Section 17(2) of the Act ibid also reiterates the factors to be considered by the court in appointing guardian where in sub-section (3) has vested right upon the court to consider the issue of custody in case the minor is old enough to form an intelligent preference to stay. And that preference is to be assumed by the court considering surrounding circumstance. In both sections only “welfare of the minor” has been given paramount importance. …M Nazim Uddin & anr Vs. Bangladesh & ors, (Civil), 16 SCOB [2022] HCD 128 ....View Full Judgment