Law: Guardians and Wards Act, 1890

Section: 25

Guardians and Wards Act (VIII of 1890)--- ----S. 25---Custody of minor---Welfare of minor---Second marriage---Effect being paternal grandmother moved an application for custody of minors against their mother on the ground that she had been divorced and had contracted second marriage---Petition for custody of minors was dismissed concurrently--- Validity---Minors throughout remained in the custody of their mother and she was properly looking after the minors and giving them due education---Paramount consideration in such matter was the welfare of minors---Welfare of minors in the present case was with their real mother had also contracted second marriage after death of her husband and father of minors who was paralyzed was also under her due care---Minors, in the present case, were male children and petitioner was their paternal grandmother could not be given preference over the real mother of the minors who since their birth was looking after them properly---Second marriage of the mother did not denude her of the custody of minors unless said marriage had impinged upon the welfare of minors---Father of minors in the earlier litigation had agreed to the continuation of their custody with their mother till majority---Second husband of mother was supporting her in looking after the minors and taking care of their education---Minors education or health had not affected due to second marriage of their mother---Father of minors was neither interested nor was capable of taking care of the minors---Any change in the custody of minors at this age would affect their mental and physical condition---Welfare of minors did not lie in disturbing their custody at that stage and they should not be deprived of the supervision of their mother---No error of law or jurisdiction had been pointed out in the impugned orders passed by the Courts below---Constitutional petition was dismissed accordingly. Mst. Noor Afshan v. Muhammad Ghalib and 3 others 2019 CLC 1787; Sardar Hussain v. Mst. Parveen Umer and 6 others 2003 YLR 3054; Mst. Ruqayya Yasmin v. Muhammad Riaz and others 1991 MLD 166; Mst. Rabia Bibi v. Abdul Qadir and others 2016 CLC 1460; Mst. Firdous Iqbal v. Shafaat Ali and…

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