Law: Guardians and Wards Act, 1890

Section: 17(2),25

Law: Guardians and Wards Act, 1890

Section: 17(2),25

(a) Guardians and Wards Act (VIII of 1890)-------Ss. 17 & 25---Custody of minors---Important factors requiring consideration by court---Scope---Mere entitlement of father as natural guardian of minors would not be sufficient to decide such question---Prime consideration while deciding custody of minors would be their welfare keeping in view character and capacity of their proposed guardian. (b) Guardians and Wards Act (VIII of 1890)---- ----Ss. 12, 17 & 25---Custody of minor son and daughter---­Contest between minors' maternal grandmother and their father serving in Pakistan Rangers having second wife---Validity---­While deciding question of custody of minors, prime consideration would be their welfare while keeping in view character and capacity of proposed guardian---Mere entitlement of father as natural guardian of minors would not be sufficient to decide such question---Minors had developed profound attachment with their grandmother as they were born in her house and had been living with her since death of their mother---­Father for serving in Pakistan Rangers had admitted to be visiting house with interval of 1-1/2 months---Minors in absence of father would be at mercy of step-mother, from whom good treatment towards them could not be expected---Lap of maternal grandmother for minors would be better than lap of step mother---Grandmother being of middle age was neither suffering from any ailment nor unable to look after minors properly---Father had filed guardian petition after coming to know about decree passed against him for recovery of maintenance of minors---Father had paid maintenance to minors after a considerable period and that too after issuance of warrants of his arrest in execution of such decree---Evidence on record showed that when one foot of minor son was to be operated, then father refused to pay his medical expenses on ground that there was no need for the same---Such earlier conduct of father would be a relevant factor for deciding question of custody and welfare of minors---Non-payment of maintenance to minors would be one of the factors requiring consideration while deciding question of welfare of minors---Father had not given…

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