Law: Guardians and Wards Act, 1890

Section: 17,25

Law: Guardians and Wards Act, 1890

Section: 17,25

Guardians and Wards Act (VIII of 1890)-------Ss. 17 & 25---Custody of minor aged 2 years---Contest between divorced mother of minor and his father living abroad having contracted a second marriage---Validity---Courts while awarding custody would keep in view welfare of minor coupled with age, sex and personal law---Mother could look after her child in a better way---Minor was living with his mother since his birth---Minor needed full time care and attention, which could be provided by his real mother being a natural guardian under Islamic Law---Minor of such age could not be left at the mercy of a step-mother---Father's claim for custody of minor was dismissed in circumstances. Mst. Zakia Khatoon vs. Muhammad Hayat Khan and 5 others 1998 SCR 140 and Mst. Sughra Begum v. Ashfaq Ahmed Butt PLD 1981 Lah. 393 rel. Muhammad Zubair Raja, Advocate for Appellant. Nasir Farooq Chaudhry, Advocate for Respondent Date of hearing: 20th November, 2012. JUDGMENT SARDAR MUHAMMAD SADIQ KHAN, J.--- The supra titled appeal, with the leave of the Court, is filed against the judgment of the Shariat Court dated 4-11-2011, whereby the appeal filed by the appellant, herein, has been dismissed. 2. The summary of facts necessary for disposal of this appeal is that the appellant filed a suit for custody of minor before the Judge Family Court Bhimber on 28-4-2010. The trial Court summoned the respondent. The respondent appeared in the Court and submitted her written statement through which she denied the claim of the plaintiff-appellant. In the light of the pleadings of the parties, the trial Court framed issues and directed the parties to produce evidence in support of their respective claims. The plaintiff-appellant produced three witnesses in support of his version whereas the respondent produced two witnesses and also got recorded her own statement. The trial Court after completion of necessary proceeding, dismissed the suit filed by the plaintiff-appellant for the custody of minor vide judgment and decree dated 9-2-2011. Feeling aggrieved from the judgment of the trial Court, the appellant filed appeal before the learned Shariat Court and the learned Judge in the Shariat Court…

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