Law: Guardians and Wards Act, 1890

Section: 25

Law: Guardians and Wards Act, 1890

Section: 25

Law: Constitution of Pakistan, 1973

Section: 199

Guardians and Wards Act (VIII of 1890)-------S. 25---Constitution of Pakistan, Art.199---Constitutional petition---Minor, welfare of---Minor daughter was living with her mother and Guardian Court declined to interfere in the custody but Lower Appellate Court handed over the minor to her father---Validity---Love and affection of a mother could not be compared with---Welfare of minor was to be given paramount consideration for disposal of such like questions i.e. custody of minors and for that purpose any other consideration, even personal law of the parties was sometimes preferred to be ignored---Whenever any such circumstances existed or controversies were brought before the Court, Judge performed his jurisdiction like parents---Tearing apart the minor from lap of her mother, who at such stage, for the sake and betterment of minor, even was taking risk of her matrimonial life with her second husband, would affect mental, psychological and physical uplift of the minor---High Court in exercise of Constitutional jurisdiction, set aside the and decree passed by Lower Appellate Court and restored that of Guardian Court---Petition was, allowed, in circumstances. Rahimullah Choudhury v. Mrs. Sayeda Helali Begum and others 1974 SCMR 305; Mst. Fauzia Begum v. Amin Saddruddin Jamal Gonji 2007 CLC 1403; Zohura Begum v. Maimuna Khatun PLD 1965 Dacca 290; Mst. Gulnaz Bibi v. Rafaqat Ali Shah and another PLD 2000 Pesh. 23; Muhammad Afzal v. Mst Sattleena Akhtar and another 1995 CLC 1519 and Mst. Firdous Iqbal v. Shifaat Ali and others 2000 SCMR 838 rel. Malik Humayun.Zafar for Petitioner. Syed Mansoor Hussain Bukhari for Respondent No. I. ORDER SAGHEER AHMED QADRI, J.--- Through this petition petitioner No.l has challenged the judgment and decree dated 11-5-2010 passed by learned Additional District Judge, Gujar Khan whereby he while setting aside the order of learned Guardian Judge dated 27-1-2010 accepted the appeal and allowed the application under section 25 of Guardians and Wards Act filed by respondent No.l. 2. Brief facts necessary for the disposal of this writ petition are that petitioner No.1 Mst. Farah Mehnaz was married to respondent No.l Safeer Hussain Jaffar on…

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