Law:

Section:

Guardians and Wards Act, 1890 (VIII of 1890)-- ----S. 25--Constitution of Pakistan, 1973, Art. 199--Constitutional petition--Custody of minors--Mother of minors has contracted second marriage with stranger--Custody of minors was given to grandmother depriving mother--Challenge to--Contracting second marriage ipso fecto is not enough to deprive grand mother from custody of minors--Even marriage of the mother with a stranger who is not within the prohibitory degree of daughter has also not been held to be a sole ground depriving mother from custody--Minors never lived with grand mother so there is no question of developing the affinity with her--Conduct of father himself deprived him from custody of minors as he neither paid the maintenance to them nor supportedgrand mother in the claim for custody of the minors-Welfare of the minor lies with the mother, therefore, petition was allowed. THIS ORDER PASSED BY: Through this constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, orders dated 28.03.2011 passed by Guardian Court and dated 16.09.2011 passed by learned Addl. District Judge are challenged whereby custody of the minors namely, ZaibaMai, now aged 8 ½ years and Arshad Ali, now aged 7½ years was given to the grandmother/Respondent No. 3 depriving the petitioner on the ground that mother of the minors as well as the son of Respondent No. 3 the father of the minors have re-married and settled in their own lives. 2. Arguments heard. Record perused. 3. Respondent No. 3 filed an application under Section 25 of the Guardian and Wards Act for custody of above said minors on 08.02.2010 taking the grounds that since petitioner has contracted second marriage with a stranger and her son i.e. father of the minors is confined in civil prison, and on account of relations established by petitioner with one Muhammad Khalid son of Haq Nawaz, whom she had got married later on 09.12.2009, she has deprived herself from the right of custody of the minors. The written statement was submitted by the petitioner denying the allegations made in the petition. After framing of issues, statement of Respondent No. 3/Mst. Saban Mai was recorded…

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