Law:

Section:

Guardians and Wards Act (VIII of 1890)--- ----Ss.17 & 25---Suit for custody of minor girl---Mother marrying a person stranger to the female ward---Effect---Welfare of minor---Scope---Father contended that as mother of female minor had contracted marriage with a stranger to the minor, she had lost her entitlement for the custody of female minor and that appellate Court had wrongly given custody of female minor to the mother---Mother contended that appellate Court had rightly passed in her favour---Validity---Prime consideration for custody of minor was welfare of the minor---While determining the matter of custody of female ward, in terms of S.17 of Guardians and Wards Act, 1890, question of chastity of female minor was to be jealously guarded and the lady who had contracted second marriage with stranger would loose her right of custody---Father was, in the present case, entitled for custody of minor daughter in the wake of the fact that the mother had contracted second marriage with a person who admittedly was totally stranger to the female minor---Judgment and decree of the appellate Court was set aside and decree of trial Court for custody of minor to the father was upheld---Constitutional petition was allowed accordingly. Mst. Akbar Bibi v. Shoukat Ali 1981 CLC 78; Mst. Nazir v. Hafiz Ghulam Mustafa and others 1981 SCMR 2000 and Shabana Naz v. Muhammad Saleem 2014 SCMR 343 ref. THIS JUDGMENT DELIVERED BY: ZAHEER-UD-DIN KAKAR, J.--- This judgment shall dispose of Constitutional Petitions Nos. 346 and 347 of 2015 as they arise out of the same consolidated judgment dated 21.3.2015 of Additional District Judge-V, Quetta. 2. Precisely stated the facts of the case are that respondent No.1 (plaintiff) filed a suit for dissolution of marriage on the basis of Khula and custody of minor namely Ilsa Khan against the petitioner (defendant) before the court of Additional Family Judge, Quetta (the trial Court). The suit was filed with the facts that the respondent and petitioner were married on 14.4.2004 and they were graced with the birth of baby girl Ilsa Khan on 31.4.2007; that the relations initially cordial became tensed due to harsh conduct of the husband…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492