Law: Guardians and Wards Act, 1890

Section: 25

Law: Constitution of Pakistan, 1973

Section: 199

(a) Guardians and Wards Act (VIII of 1890)--- ----S. 25--- Islamic Law--- Hizanat---Custody of minor---Welfare of minor---Determination---Such is always hard and difficult to establish right of father or mother regarding custody of a child on the touchstone of welfare---Term ‘welfare’ is an overarching concept which includes material, intellectual, moral and spiritual well-being of child---Welfare of a child is to be determined on the basis of evidence on record and circumstances of each case---Prescribed principles of custody (Hizanat) have to be followed yet such principles in favour of father or mother can be deviated in the supreme interest of child measured on the exclusive yardstick of welfare---No absolute right vests with father or mother regarding custody of child---In presence of rival claims, supreme welfare of child is to be determined on the basis of evidence on record and prevalent circumstances of a particular case. (b) Guardians and Wards Act (VIII of 1890)--- ----S. 25---Constitution of Pakistan, Art. 199---Constitutional petition---Welfare of minor---Determination---Reluctance to maintain minor---Effect---Petitioner/mother was aggrieved of order passed by Lower Appellate Court handing over custody of minor daughter to respondent/father---Validity---Minor had been raised and brought up since her birth by petitioner/mother---Minor was more than 11 years of age when custody petition was filed by respondent/father---No…

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