Law: Guardians and Wards Act, 1890

Section: 25

Guardians and Wards Act (VIII of 1890)--- ----S. 25---Custody of minor---Welfare of minor---Petitioner being maternal grandmother of minor grand-daughter filed an application for her custody which was dismissed and she was directed to handover minor to her father---Validity---Minor was 7/8 years of age and still living with her grandmother---Minor even did not know her father and brother---Mother of minor was divorced when minor was one and half month old and she was born in her grandparent's house---Father of minor never applied for her custody nor maintained her---Respondent father had contracted second marriage and he never cared to get acquainted with his minor daughter---Welfare of minor was the supreme consideration while deciding application for custody---Mother of minor had not claimed custody and maternal grandmother had preferential right as compared to father---Custody of minor could not be handed over to her father as she had not recognized him---Father was bound to provide maintenance to the minor even if she was residing with her grandparents---Courts below had committed material irregularity, mis-reading and non-reading of evidence while passing the impugned s and decrees---Welfare of minor daughter was with the maternal grandmother in preference to her father---Impugned s and decrees were set aside---Constitutional petition was allowed, in circumstances. 2007 MLD 1089; 2011 CLC 1912; Muhammad Shabbir and another v. Additional District Judge West, Islamabad and 2 others 2018 CLC 452; Mst. Zainab Bibi v. Zaffar Iqbal 2012 MLD 762 and Nasir Raza v. Additional District Judge, Jhelum and another 2018 SCMR 590 ref. Muhammad Yousaf v. Mst. Anis Bibi and 2 others PLD 1998 Lah. 67; Abdul Razzaque and 3 others v. Dr. Rehana Shaheen and another PLD 2005 Kar. 610; Mst. Farah Iqbal v. Muhammad Anwar and 2 others PLD 2003 Quetta 131; Mst. Gulzar Bibi v. Rafaqat Ali Shah and another PLD 2000 Pesh. 23; Mst. Nighat Firdous v. Khadim Hussain 1998 SCMR 1593; Mrs. Seema Chaudhry and another v. Ahsan Ashraf Sheikh and others PLD 2003 SC 877; Sardar Hussain and others v. Mst. Parveen Umer and others PLD 2004 SC 347; Malik Muhammad Hussain and another v. Malik Ghulam…

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