Law: Guardians and Wards Act, 1890

Section: 7,25

Law: Constitution of Pakistan, 1973

Section: 203-D

Guardians and Wards Act, 1890 (VIII of 1890)-- ----Ss. 7 25--Constitution of Pakistan, 1973, Art. 203-D--Constitutional petitions--Right of custody of minor--Welfare of minor--Natural guardian--Article 203-D of Constitution of Islamic Republic of Pakistan, is to answer question as to whether a particular law or provisions of law is or is not repugnant to Injunctions of the Holy Quran and Sunnah of Holy Prophet (Peace And Blessing Of Allah Be Upon Him)-- Fifthly, Section 25 of Act neither enacts any law nor prescribes any rule, rather it regulates situation where a ward leaves or is removed from custody of a guardian of his person and natural/certificated guardian moves Court for return of ward--Title of guardianship would not entitle him/her for return of custody of minor, unless he/she establishes that return of ward is in interest of minor--Sixthly, principle that father is natural guardian and lap of mother is cradle of God, stands subservient and subordinate to welfare of minor as contemplated by Section 25 of Act, which is also in accordance with Islamic Jurisprudence--Seventhly, prime purpose, paramount consideration and ultimate object is welfare of minor, which is a question of fact and is ensured by pressing into service provisions of Section 25 of Act by way of collecting material to substantially prove fact that where welfare of minor lies and this process is absolutely in consonance with spirit of Act--True, father being natural guardian enjoys right to have custody of minor provided welfare of minor so demands--Last but not least, in fact in garb of these petitions, petitioners have urged their personal grudges against womenfolk by using defamatory and abusive language, terming them unconventional--Similarly, derogatory and contemptuous language, has been used against Courts by treating the delivered s brutal.      1974 SCMR 305. JUDGMENT Muhammad Noor Meskanzai, CHIEF JUSTICE.- The petitioners have filed Sh. Petitions No. 8/I and 9/I of 2020 challenging the provisions of Sections 7 and 25 of the Guardians and Wards Act, 1890 (hereinafter called ‘the Act’) claiming the same being anti-people, inhuman and un-Islamic. The petitioners…

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