Act/Law wise: Judgment of Supreme Court of Bangladesh (AD)
Guardians and Wards Act, 1890 | |||
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Section/Order/ Article/Rule/ Regulation | Head Note | Parties Name | Reference/Citation |
Section 12(1) |
The suit is for custody of the plaintiff-petitioners son — suit is pending in the Family Court since 1994 — in all fairness a father cannot be denied access to his minor son while in the custody of the mother. [Para – 4] Akhtar Masood Vs. Mrs. Bilkis Jahan Ferdous 5 BLT (AD)- 107. |
Akhtar Masood Vs. Mrs. Bilkis Jahan Ferdous | 5 BLT (AD) 107 |
Section 17 |
The access frequency and duration must be calculated keeping in focus the best interests of the child–– When the children were first brought before us, they were aged four and three years respectively. The children had been residing with their father for some time and had naturally developed a close relationship with him. However, because of the tender age of the children, we felt that their best interests demanded that they should be in the custody of their biological mother. Order was passed accordingly. However we made it a point to monitor the progress of the children by directing periodic appearance before us as well as seeking reports from the Probation Officer who was engaged by this Court to monitor the progress of the children. .....Amena Chowdhury Kheya =VS= Ministry of Home Affairs, Bangladesh, (Civil), 2022(2) [13 LM (AD) 541] ....View Full Judgment |
Amena Chowdhury Kheya =VS= Ministry of Home Affairs, Bangladesh | 13 LM (AD) 541 |
Section 25 |
Plaintiff petitioner Abdur Razzaque Sardar sought for the custody of his minor daughter Rekha presently aged about 15 years and 9 months. Rekha appeared before the trial court as a court witness and expressed her willingness to live with her mother who was divorced long ago by petitioner Abdur Razzaque who had already taken a second wife while her mother Mosammat Jahanara Begum did not as yet take a second husband. The petitioner did not take any care of his minor daughter, nor did he pay any money for her maintenance except giving her small gifts and visiting her at school at times. Under these circumstances, considering the welfare of the child, the High Court Division was right in refusing the custody of Rekha to the petitioner. Abdur Razzaque Sardar Vs.Mosammat Jahanara Begum, 16 BLD(AD)163. |
Abdur Razzaque Sardar Vs.Mosammat Jahanara Begum, | 16 BLD (AD) 163 |
Section-25(1) |
Read with The Family Courts Ordinance, 1985
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Abdul Jalil & Ors Vs. Mrs. Sharon Laily Begum | 6 BLT (AD) 62 |
Section 25 |
Guardianship of minor son—Principle of Islamic Law as to who is entitled to his custody—If the circumstances existed which justified the deprivation of a party of the custody of his child to whose custody lie was entitled under Muslim Law, Courts did not hesitate to do so—Courts power to determine the entitlement of a party to the hizanat is not limited to the mere observance of the age rule—The concept of the welfare of the minor child, whether below or above the age limit, sems to have been of paramount importance—Court rightly appointed the mother in preference to the father guardian of the minor boy for the welfare of the boy. Md. Abdu Baker Siddique Vs. S.M.A. Bakar and others, 6BLD (AD)245 |
Md. Abdu Baker Siddique Vs. S.M.A. Bakar and others, | 6 BLD (AD) 245 |
Section 25 |
The direction of the High Court Division that the minor sons on attaining the age of 16 years would be at liberty to live with their father and they would be allowed to go to their father forthwith is maintained. Dr. Md. Rashidul Islam vs Morsheda Parveen ( M. M. Ruhul Amin J) (Civil) 2ADC 357 |
Dr. Md. Rashidul Islam vs Morsheda Parveen | 2 ADC 357 |
Section 25 |
Custody of the son over 7 years of age, the father is not entitled to get
custody of that son,the welfare of the minors would be better protected in
the custody of the mother as she did not take a second husband and she took
service in a School where first son was admitted for proper education if
the father is interested to support his sons for better education and
maintenance he may send required amount of money to the present guardian
i.e. the mother of the sons and she is bound to receive the said money for
the benefit of the sons and for satisfaction of her son's father. Further
if the sons after attaining the age of 16 years desire to live with the
father they may be allowed to go with the father forthwith.
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Dr. Md. Rashidul Islam-Vs.-Morsheda Parveen | 4 ALR (AD) 179 |
Convention on the Rights of the Child— |
The Convention on the Rights of the Child (CRC) —Any order to be made
under that law if the Court is satisfied that it is for the welfare of the
minor that an order should be made. Hence, all courts of law are bound to
keep in mind these salutary provisions of law when dealing with custody,
access and other matters which impact the lives of children.
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Mainul Islam Chowdhury -Vs.- Rumana Foiz and others | 14 ALR (AD) 37 |