The facts of this case deal with the guardianship of the father in the case of an illegitimate child. The petitioner is the mother of an illegitimate child who has filed an application under Section 491 of Cr PC to transfer the custody of the child from her husband to her. The illegitimacy of a child is a major issue in Mohammedan law and leads to several legal questions as in this case.

Issues:

The issue here which the court dealt with is whether the husband or the father holds the natural guardianship of the minor illegitimate child under the Mohammedan law.

Held:

Here the court affirmed that the woman or the wife can be a natural guardian only to the illegitimate child. here even the woman or the wife can be a natural guardian to the illegitimate child and non-transfer of custody of such child will amount certainly amount to illegal detention of the child under Section 491 Cr PC.