Kerala HC could not hold that a Muslim woman can be a guardian of her minor child's property since the contrary has been set by the SC

Case: C Abdul Aziz & Ors. v Chembukandy Safiya & Ors.

Court: A division bench of Justices PB Suresh Kumar and CS Sudha

The Kerala High Court observed that it could not hold that a Muslim woman can be a guardian of her minor child's property since the contrary has been set as precedents by the Supreme Court. The bench noted that though personal law prevents Muslim women from being guardians can be contended to be violative of Articles 14 and 15 and hence void, the HC cannot go into the same since it is bound by the precedents set by the apex court.

BACKGROUND

The Court was hearing an appeal against a decree of partition in which one of the parties was a mother who acted as guardian of her son's property.

ARGUMENTS

The Court framed the below question:

"Does the Qur'an or Hadith prohibit or ban a mother from acting as a guardian of her minor child's property? Article 13 of the Constitution says laws cannot be conflicting with or in derogation of fundamental rights. If that is the case, will not prohibit a mother from being a guardian of her minor child's person and property, be a violation of Articles 14 and 15? If it is violative, can the court interfere to set right the injustice, if any, caused?"

The appellants answered the first question emphatically and the remaining questions in the affirmative. Referring to a few Hadiths, the appellants contended that a woman has been recognized as the guardian of her husband's house as well as his wards. There is nothing in the Quran that prohibits a mother from being the guardian. In addition, it was argued that an interpretation that does not appear in the Quran or Hadith cannot be adopted as a basis for interpreting Muslim law.

Respondents argued that neither the Quran nor the Hadith mentions a mother as a guardian, and in fact, several verses of the Quran explicitly state otherwise. In the case of any illegality in the practice of not recognizing the mother as guardian, the Legislature should rectify the situation by bringing the required legislation and it is not for the court to interpret the Qur'an or Hadiths.

HELD

The Court observed that even though the precedents hold that a mother cannot be a guardian were issued, the same has been also held in the case of Ballabhadas Mathurdas Lakhani v Municipal Committee, Malkapur that the HC cannot ignore a decision of the SC because they think that the relevant provisions were not brought to the notice of the Court.