Law: Guardians and Wards Act, 1890

Section: 17,25

Law: Constitution of Pakistan, 1973

Section: 199

(a) Guardians and Wards Act (VIII of 1890)--- ----S.25---Custody of minors---Welfare of minors---Financial status of mother---Scope---Father's petition for custody of two male minors and one female minor was accepted to the extent of male minors while the custody of female minor was entrusted to her mother till puberty---Validity---Petitioner/father was a contractor who remained out of the house most of the time for business purposes---Petitioner had failed to point out the person who would look after the baby girl at his home---Minor was about 4/5 years of age and in such age the attention of mother for capacity and intellectual development of female minor was much required---Association of female children with their mother was more important as compared to the father---Poor financial status of mother did not disentitle her from the custody of the minor---None could take care of minors more than their real mother for being their first institution and depriving minors of the company of their real mother would create deprivation in their lives which could not be restored back---No misreading or non-reading of evidence could be attributed to the s of the courts of below---Constitutional petition was dismissed. (b) Guardians and Wards Act (VIII of 1890)--- ----S.17---Guardian, appointed of---Matters to be considered by the Court in appointing guardian---Welfare of minor---Scope--- Mother, under Muslim Personal Law, is entitled to the custody of daughter even after she has attained the age of puberty and until she is married, whereas the father can claim custody of his male child after seven years---Welfare of the minors is to be determined while keeping in view their mental, intellectual, moral and spiritual well being---Guardian Court has to look into qualification of parents, the age, gender, religion of minor, the character and capacity of the proposed guardian and his/her nearness of kin to the minor as provided under S.17 of the Guardians and Wards Act, 1890---Welfare of minor prevails as the supreme consideration for deciding the issue of her or his custody. (c) Guardians and Wards Act (VIII of 1890)--- ----S.17---Matters to be considered by the Court in…

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