Facts:

In this case, there was a property in dispute before the Bombay High Court which was claimed by three widows of a Muslim man who died intestate. The petitioner claimed that she was the mother of the child and hence, the legal guardian and therefore, was entitled to the share of the property belonging to the child. This case deals with the concept of guardianship and division of property based on guardianship.

Held:

It affirms that the man is the ultimate and sole guardian of the child from the marriage this Muslim law further affirms that the on the death or demise of the man or the father of the child, the mother still is not considered the natural guardian of the child. Whereas, the grandfather or man’s father holds the position of natural guardian of the child and after him, the father.