Law: Guardians and Wards Act, 1890

Section: 25

(a) Guardians and Wards Act (VIII of 1890)--- ----S. 25---Custody of minor girl---Father worked as a labourer in a foreign country and the minor was looked after by her stepmother and a divorcee sister of the father---Father also had three children from his second wife---Mother had not married again after she was divorced by the husband---Family Judge interviewed the minor in court and it was observed that she did not recognize her mother---Fact that the child did not recognize her real mother should have alerted the First Appellate Court that the natural order had been disrupted; instead, this was used as a reason to deprive the mother of love of her daughter and the daughter of the love and care of her mother---High Court had directed the peaceful handing over of the minor to the mother but such direction had not been complied with even after three months, and the father continued to illegally retain the custody of the child---Resultantly, an innocent child continued to be deprived of the love and care of her mother---Supreme Court directed that the father was to immediately and peacefully hand over the minor girl to her mother, and in case he did not comply, the Social Welfare Department was to ensure that the child was handed over to her mother through an officer of the Department--- Petition for leave to appeal was dismissed and leave was refused. (b) Guardians and Wards Act (VIII of 1890)--- ----S. 25---Custody of minor---Mother financially dependent on her parents---Poverty on part of mother---Relevance---Plea on behalf of father that the mother lived with her parents and was financially dependent on them, therefore, presumably she was not able to support the minor---Held, that such presumption was contrary to law since the father was legally obliged to maintain his child---Poverty on the part of a lady was no ground to disentitle her from the custody of minor---Supreme Court directed the father to immediately and peacefully hand over the minor girl to her mother---Petition for leave to appeal was dismissed and leave was refused. Razia Bibi v. Riaz Ahmad 2004 SCMR 821 ref. (c) Guardians and Wards Act (VIII of 1890)--- ----S. 25---Custody of…

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