Law: Green International University Act, 2020

Section: 25,17

(a) Guardians and Wards Act (VIII of 1890)--- ----S. 25---Custody of minor---Welfare of minor---Second marriage of father---Preference of minor---Scope---Father and grandmother of minor assailed order passed by Guardian Judge whereby their application for custody of minor was dismissed---Mother of the minor had died---Father of the minor had been living abroad for earning his livelihood and had also contracted second marriage from which he had four children---Minor had been living with his maternal grandmother since the death of his mother---Father had neglected the minor since his birth---Minor had also shown his desire and affection towards his maternal grandmother--- High Court observed that it would not be in the interest of minor to put him in an alien environment---Appeal of father was dismissed, in circumstances. 1998 SCMR 1593; 1986 CLC 2138 and 2008 CLC 1317 ref. PLD 1994 AJK 1 and Mst. Talat Nasira v. Munawar Sultana and 2 others 1985 SCMR 1367 rel. (b) Guardians and Wards Act (VIII of 1890)--- ----S. 17---Guardian, appointment of---Matters to be considered in appointing guardian---Welfare of minor---Right of hizanat---Preference of minor---Scope---Welfare of minor alone is the determining factor while deciding the question of his custody---Paramount consideration must be given to the welfare of minor---Father, as per Islamic Law, is entitled to the custody of his son over seven years of age, but such right of custody of minor is not an absolute right, but the same commensurates with the welfare of the child---Where the circumstances are brought on record to show that in fact the welfare of minor would lie with a person other than the one who was entitled under the personal law, to have the custody of minor, the court should refuse custody to said person---Where, however, the minor is intelligent enough to form his or her opinion, the opinion of the minor was to be considered. Tahira Zaib v. Ghaffar Ahmed and others 2017 CLC 96 ref. JUDGMENT CHAUDHARY KHALID YOUSAF, JUSTICE:---.--- The captioned appeal has been directed against the judgment of Civil Judge empowered as Guardian Judge, Fatehpur Thakyala, dated 22.3.2019, whereby, the application filed…

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