Law:

Section:

Guardians and Wards Act (VIII of 1890)--- ----Ss. 12, 17 & 25---Custody of minor---Welfare of minor---Parties belonging to Shia sect---Minor son was born after death of his father and was in custody of mother---Paternal grandfather of minor applied for custody of minor which application was dismissed by the Guardian Judge---Validity---Guardian Judge had found that welfare of the minor would be to remain in custody of mother---Guardian Judge, while giving finding about welfare of the minor had omitted to elaborate the circumstances under which the welfare of the minor was in case of his custody with the mother---Guardian Judge did not record evidence of the parties on issue of welfare of minor---Question of welfare of minor, being question of fact, could only be determined through evidence, but Guardian Judge had not recorded such evidence---Custody of minor, according to the personal law of the parties (belonging to Shia Sect), would go to the grandfather after his custody in the hands of mother for two years---Grandfather, in circumstances, was the right guardian of the minor in accordance with the Personal Law of the parties---Impugned order passed by the Guardian Judge was devoid of any evidence---Findings of the Guardian Judge were based on mere conjectures---Impugned order, was set aside---Guardian Judge was directed by the Chief Court to proceed with the transfer of custody of the minor to the grandfather. ORDER MUHAMMAD ALAM, J.--- This civil appeal is directed against the order/judgment dated 23-2-2015 of the learned Guardian Judge/District Judge Hunza/Nagar. Through the impugned order, the learned Guardian Judge passed the following order:--- 9. In view of what have been stated above the application of the petitioner for the care and custody of the minor is dismissed holding devoid of merits. However, the respondent is directed to produce the minor for his meeting with the petitioner's family at the place of anyone of the common relatives of the parties namely Qasim and Muhammad Ali on every Sunday and the said notables will ensure that the order of the Court is complied with in letter and spirit." 2. The case in hand is a case of custody of minor…

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