Law:

Section:

Custody of Minor-- ----Paramount importance--Contested between father and mother--Father's application for custody of his minor daughter allowed by Family Court--Shariat Court dismissed the appeal of mother--Held: Mother contracted second marriage with stranger--Minor desired to live with her mother--Father failed to maintain her--Economic conditions of father and mother equal--Desire of minor to live with her mother cannot be brushed aside--Guidelines by Mahommedon law are not absolute--Welfare of minor in paramount importance--Appeal accepted. [P. 88] A Guardians and Wards Act, 1890 (VII of 1890)-- ----S. 17(3)--Principles of Muhammadan Law--S. 349--Entitlement of custody--Choice of minor--Welfare of minor--Appointment of guardian is the welfare of the minor which must weight with Court irrespective of the provisions of personal law--Conduct of the father or mother must be considered and in view of S. 17(3) the choice of the minor cannot be taken lightly and must be given due weight--Held: Strict adherence would be made to personal law and heavy burden is cast one party to prove that welfare of minor lies in the person other than one who has right of custody of minor under Muslim Law. [P. 88] B 1978 SCMR 299; PLD 1988 K. 252; 1989 CLC 604, PLJ 1994 AJ&K 33; 1996 SCR 265; 2003 SCMR 318; 2004 SCR 561; 2000 SCMR 707; PLJ 2005 SC 33, considered. Order Khawaja Shahad Ahmed, J.--The instant appeal, by leave of the Court, is addressed against the judgment of the Shariat Court dated 11.6.2005, whereby the appeal of the appellant was dismissed and the order of Judge Family Court/Guardian Judge Samahni dated 05.03.2004 was maintained. 2. Brief facts of the case are that Mst. Sughra Bibi, appellant herein, was married with Akhtar Hussain, respondent, but due to the strained relations between the spouses, their marital tie ended and culminated into divorce. On 6.2.2003, respondent, herein, filed an application for guardianship of his minor daughter namely Yasrah Bibi, who was in the custody of the appellant and is still living with her. The main ground for the custody of his daughter which the respondent took before the trial Court, was that as Sughra Bibi, appellant…

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