Law: Guardians and Wards Act (VIII of 1890)

Section: 25, 47

P L D 1956 Karachi 454       Guardians and Wards Act (VIII of 1890), S. 47--- Expression 'Court' in section-Definition of--Order of a single Judge of Chief Court of Sind sitting as Principal Civil Court of Original Civil Jurisdiction-Whether appeal lies under section to a Bench of the same Court from such order-Civil Procedure Code (V of 1908) S. 2-Sind Courts Act (of 1926) Ss. 8 and 14.   The expression 'Court' in section 47 of the Guardians and Wards Act (VIII of 1890) from whose order an appeal lies to the High Court, is defined in clause (a) subsection (5) of section 4 of the Act, as the District Court having jurisdic tion to entertain an application under the Act for an order appointing or declaring a person to be a guardian. The term District Court' as defined in subsection (4) of section 4 of the Act as having the meaning assigned to it in the Civil Procedure Code and as including the High Court in the exercise of its Ordinary Original Civil Jurisdiction. In clause (4) of section 2 of the Civil Procedure Code. The District Court is called the principal Civil Court of Original ' Jurisdiction. Section 8 of Sind Courts Act 1926 makes the Chief Court of Sind, the principal Civil Court of Original -Jurisdiction for the Civil District of Karachi and section 14, subsection (1) of the same Act provides for an appeal to a Bench consisting of 2 or more Judges of this Court, from an order of a single judge.   Guardians and Wards Act (VIII of 1890), S. 25--- Application under section by husband for custody of his minor wife-Absence of proof of marriage and puberty-Whether husband entitled to custody-Presumption of puberty under Muslim Law.   A Muslim husband cannot claim custody of his minor wife under section 25 of the Guardians and Wards Act, 1890 unless he proves that the wife had attained puberty and that a marriage took place according to Muslim Law.   Puberty under Muslim Law is to be presumed in the absence of evidence, to have been attained on the completion of the age of 15 years, but like marriage it is a fact, proof of which is governed not by Muslim Law but the Evidence Act, 1872.   Mst.…