Law: Guardians and Wards Act, 1890

Section: 7,25

Law: Guardians and Wards Act, 1890

Section: 7,25

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Guardians and Wards Act (VIII of 1890)--- ----Ss. 7 & 25---Constitution of Pakistan, Art. 185(3)---Guardianship and custody of minor---Contest between father and mother---Supreme Court granted leave to appeal to consider question as to whether father would not be entitled to custody of minor for not providing him/her maintenance; and that rule of Hizanat would not be an absolute right. (b) Guardians and Wards Act (VIII of 1890)--- ----Ss. 7 & 25---Mother's claim for guardianship of minor daughter---Second marriage by mother with a person not related to minor within prohibited degree--- Father having three children from second marriage---Validity---Mere second marriage by father would not disentitle him from getting custody of his minor daughter---Mother, according to Islamic Law, despite being entitled to custody of her minor daughter would become disentitled, if she took second husband not related to minor within prohibited degree, thus, custody of minor in such case would belong to her real father---Nothing on record to show any exceptional circumstance disentitling father to custody of minor daughter---Custody of minor daughter was directed to be handed over to her father in circumstances. Paras 352, 355 and 357 of the Muhammadan Law rel. (c) Guardians and Wards Act (VIII of 1890)--- ----S. 7---Guardian of minor, appointment of---Factors disqualifying father stated. In terms of section 7 of the Guardians and Wards Act, 1890, the paramount consideration for the court in making the order of appointment of guardian of minor is that it should be satisfied that it is for the welfare of minor. Although it is an established law that father is a natural guardian of his minor child/children, but indeed the court has to be satisfied while appointing the father as a guardian that the welfare of minor lies in the fact that he be appointed as a guardian and the custody of minor be delivered accordingly. There are many factors, which may not entitle the father to the custody of minor and some of the factors could, where the father is habitually involved in crimes or is a drug or alcohol addict, maltreats his child/children, does not have a capacity or means to…

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