Law:

Section:

Guardians and Wards Act (VIII of 1890)--- ----S. 25---Custody of minor---Maintenance of minor by father---Scope---Mother and father had contracted second marriages---Effect---Desire of minor---Significance---Contention of father was that mother of minor had contracted second marriage and she was not entitled for custody---Application for custody of minor (son) by the father was dismissed concurrently---Validity---Prime consideration while deciding the matter of custody of minor was welfare of minor---Age of minor, in the present case, was 10 years and he was matured to express his independent opinion---Minor had stated before the court that he wanted to live with his mother---Mere contracting second marriage did not disentitle the parties to get the custody of minor---No order could be passed against the interest of welfare of minor---Court being custodian of minor had to consider welfare of minor---Welfare of minor being with the mother, father was legally and morally bound to maintain the minor even if he (minor) resided with his mother---Nothing was on record that minor was not willing to live with his mother---Mother could not be deprived of the custody of minor on the pretext of having limited resources---Father could not be deprived to meet his son on the ground that he had contracted second marriage---Minor could not be compelled to live with his father---Father was ready to get admitted the minor in a well reputed school by bearing all the expenditures---Family Court was directed by the Supreme Court to arrange the meeting of minor with his father once in a month on the date mutually agreed by the parties---Father would be at liberty to move an application for such purpose before the Family Court who should entertain the same and make proper arrangements after mutual consent of both the parties---Appeal was dismissed in circumstances. Khan Muhammad v. Mst. Surayya Bibi and others 2008 SCMR 480 and Bashir Bibi v. Ghulam Rasool and 2 others 2005 YLR 547 ref. Shazia Kousar v. Nisar Ahmed 2015 YLR 917; Amar Ilahi v. Mst. Rashida Akhtar PLD 1955 Lah. 412; Akhtar Ahmad v. Mst. Hazoor Begum PLD 1965 Kar. 65 and Mst. Razia Bibi v. Riaz Ahmed and another 2004…

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