Law: Guardians and Wards Act, 1890

Section: 19(b),7,25

Law: Guardians and Wards Act, 1890

Section: 19(b),7,25

Guardians and Wards Act (VIII of 1890)-------Ss. 7, 19(b), 25 & 47---Appointment of guardian of minor---Application by mother of minor son for appointing her as the guardian of minor had been dismissed---Minor aged 7 -years was in custody of the applicant (mother), while respondent was father of the minor---Nothing was on record that any step was taken by father of minor to deprive the mother from custody of the minor---Despite having custody, mother was trying to get herself appointed as guardian of the person of the minor---Validity---Section 19 of Guardians and Wards Act, 1890, provided certain instances whereby the court was restrained to appoint or declare a guardian of property or person of minor---Main consideration, while appointing a person as guardian of a minor, was the welfare of the minor---In the present case, nothing was on record, nor even asserted by the applicant (mother) on basis of which the respondent (father) could be considered unfit to be guardian of person of minor son---Under Islamic Law, mother was entitled only for custody of her minor son till her attained age of 7 years---Situation was quite different in the present case as applicant being mother of minor, was already in custody of the minor, but now she intended to get herself appointed as his guardian---Mother, in view of S.19(b) of Guardians and Wards Act, 1890 had to establish that father was unfit to become guardian of person of minor, but she had completely failed to disclose any reason, nor she had placed on record any material on account of which father had been disqualified to become guardian of his minor son---Applicant had failed to make out any case in her favour---In absence of any irregularity or illegality in the of the Trial Court, same could not be interfered with---Impugned was upheld, in circumstances. Mst. Hamida Begum and another v. Ubedullah and others 1989 CLC 604 ref. Shams-ur-Rehman for Appellant. Abdul Wadood for Respondent No.1. Date of hearing: 15th October, 2010. JUDGMENT MRS. SYEDA TAHIRA SAFDAR, J.--- (sic) been filed by appellant Ganj Bibi, being aggrieved of judgment dated 28-7-2009 of Civil Judge-II with the powers of District Judge, Quetta,…

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