Law: Guardians and Wards Act, 1890

Section: 7,25,47

(a) Guardians and Wards Act (VIII of 1890)--- ----Ss. 7 & 25---Welfare of minor---Mother's right of hizanat---Scope---Mother would be entitled to custody of minor male child until he completed the age of seven years and that of female child until she attained the age of puberty---Such right of mother would continue even if she was divorced by the father of child unless she remarried---Father could claim custody of minors if the disqualification of mother was proved. (b) Guardians and Wards Act (VIII of 1890)--- ----Ss. 7, 25 & 47---Welfare of minor---Right of hizanat---Father getting second wife---Appeal---Scope---Petitioner, father sought custody of two minor daughters who had been living with their mother since birth---Guardian Judge dismissed the petition of father for custody of minors---Validity---Mother of minors was a doctor by profession and was earning sufficient income; she had been looking after minors since their birth and maintaining a good environment---Petitioner, father had contracted second marriage and mother had not---Father was settled in USA, with his newly wedded wife who was a foreigner---Guardian Judge having rightly dismissed the petition, appeal was dismissed. THIS JUDGMENT DELIVERED BY: ALI BAIG, J.--- This civil first appeal is directed under section 47 of Guardian and Ward Act against the impugned judgment/order dated 18.10.2017 passed by the learned District/Guardian Judge Skardu, whereby the learned trial court has dismissed the petition of the present appellant filed under Section 25 of Guardians and Wards Act for custody of his minor daughters namely Aisha and Alisha. 2. Brief facts pleading to the filing of the instant civil first appeal are that the present appellant had contracted marriage with the respondent on 26/02/2010 at Lahore and out of wedlock two daughters namely Aisha and Alisha were born. Thereafter, relations of couple became strained and resultantly the present appellant divorced the present respondent vide written divorced deed/Talaq Nama on 26-08-2016 as evident from divorced registration certificate. Daughter namely Aisha is six years old and Alisha is four years old. Both the daughters are the…

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