Law: Guardians and Wards Act, 1890

Section: 7,25

(a) Guardians and Wards Act (VIII of 1890)--- ----Ss. 25 & 7---Custody of minor---Welfare of minor---Private settlement regulating custody of minor---Subsequent application for custody of minor---Scope---Guardian Judge handed over the custody of minor to the mother on the basis of an agreement between the parents--- Validity--- Private settlement between the parties for the welfare of minor was always considered a relevant factor for deciding the dispute of custody of minor---Nothing had been mentioned in the agreement that minor was handed over to mother for better care or that minor would remain with the mother till his better cherishing---Guardian Judge fell in error while issuing guardian certificate in favour of the mother as the agreement was void and not enforceable under law---Minor was continuously living with the mother, getting proper education, enjoying good health and father had not alleged that mother was not looking after minor properly---Father had filed application for guardianship only due to the apprehension that mother had intended to proceed abroad along with minor and that he would be deprived of his son---Held; custody of minor once given by Court could subsequently be changed and varied in a situation when complexion of the case was changed---Mother was directed not to take the minor out from the territorial jurisdiction of the court without permission---Appeal was disposed of accordingly. (b) Guardians and Wards Act (VIII of 1890)--- ----Ss. 25 & 7---Custody of minor---Welfare of minor---Right of hizanat---Scope---Father is entitled to the custody of male minor of 7 years of age simply for the reason that after attaining the said age, right of hizanat lies with the father, being natural guardian under Muslim Personal Law---Mere fact that minor has attained the age of 7 years cannot be a solitary ground for disturbing the custody of son by mother---Paramount consideration is welfare of minor. THIS JUDGMENT DELIVERED BY: RAJA SAJJAD AHMAD KHAN, J.--- The captioned appeal has been preferred against the Judgment passed by the Guardian Judge, Mirpur dated 26.08.2017, whereby, the application for appointment of guardian of minor filed…

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