Law:

Section:

(a) Guardians and Wards Act (VIII of 1890)--- ----S.25---Custody of minor---Entitlement of mother--- Scope--- Petitioner was mother of minor girl aged about 3-4 years and dispute was with regard to her custody---Application filed by father was dismissed by Guardian Court but Lower Appellate Court reversed the findings and decided the matter in favour of the father---Validity---Father, under Islamic law, was natural guardian of minors who had preferential right of custody of minor especially in the circumstances when minor was male and above age of 7 years--- In order to challenge such preferential right of father, mother was bound to establish some exceptional circumstances and to prove herself that she had preferential right over father---Minor, in the present case, was female and mother was looking after the minor ever since her birth and was maintaining her in a good environment---Cogent and confidence inspiring evidence came on record to prove that application for custody of minor was filed after fixation of maintenance allowance against her---Father was least interested in welfare of minor who had filed application for custody of minor in order to frustrate the decree for maintenance allowance---Minor was in custody of mother who was upbringing her properly and getting her educated in a private school--- Lower Appellate Court while passing in question had given much focus on remarriage of mother of minor but had not given paramount consideration to welfare of minor and also ignored the fact rather misread the evidence that minor was getting education in a private school and she was also of such age where she needed much love and affection of her mother as compared to her father--- High Court set aside passed by Lower Appellate Court and restored that of Guardian Court---Constitutional petition was allowed in circumstances. Mehmood Akhtar v. District Judge Attock and 2 others 2004 SCMR 1839; Mst. Rabia Bibi v. Abdul Qadir and others 2016 CLC 1460; Muhammad Ayub v. Mst. Nasim Begum and another 1996 CLC 1534; Mst. Nazir v. Hafiz Ghulam Mustafa and others 1981 SCMR 200; Shabana Naz v. Muhammad Saleem 2014 SCMR 343 and Sardar Hussain v. Parveen Umar PLD 2004 SC…

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