Law: Guardians and Wards Act, 1890

Section: 25

Law: Guardians and Wards Act (VIII of 1890)

Section:

(a) Guardians and Wards Act ( VIII of 1890 ) ---

---- S. 25 --- Custody of minor --- Agreement between the parents regarding custody --- Effect --- Custody of minor was concurrently denied to the fatherwhile discarding the agreement qua custody of the minor --- Validity ---Custody of the minor cannot be settled through a private compromise or even by arbitration and (custody) is liable to be determined on the touchstone of the principle of welfare of minor--Neither any agreement qua custody of the minor, which is in derogation of the right of a child with respect to his welfare nor contracting of a second marriage by divorced mother of the child is an impediment for such a mother to retain custody of her child--- Rather, the matter of custody is to be decided on the touchstone of the principle of welfare--- No illegality, infirmity or jurisdictional defect was found in the impugned judgments passed by both the Courts below for the reason that welfare of the minor was prime consideration to decide custody matters--- Constitutional petition, being merit-less , was dismissed, in circumstances.

Mst. Beena v. Raja Muhammad and others PLD 2020 SC 508 and Shaista Habib