Law: Guardians and Wards Act (VIII of 1890)

Section: 25

P L D 1956 Lahore 484         (a) Guardians and Wards Act (VIII of 1890), S. 25 Foi um-Court at place from where minor was removed has jurisdiction to entertain application- Muhammadan Law Mother removing son under 7 years against father's wishes- Removes minor within meaning of S. 25.   Held, that the Court from whose jurisdiction the minor was removed has - jurisdiction to entertain an application under section 25 Guardians and Wards Act (VIII of 1890).   Mst. Nazir Begum v. Ghulam Qadir Khan and others A I R 1938 Lah. 313 ref. .   Held further that the right of a Muhammadan mother to the custody of the minor is subject to the control of the father, and if she takes away the minor against the wishes of the father to a place where the father cannot exercise supervision and control, she acts without authority and her taking away the minor amounts to removal of the minor from the custody of the father. The custody of the mother is to be regarded as a kind of subordinate custody and the control of the father also is custody within the meaning of the Guardians and Wards Act.   Where a Muhammadan boy under 7 years was removed by the mother from Lahore, where the minor ordinarily resided, to Karachi, against the wishes of the father   Held that the minor was removed from the custody of the father and' the Lahore Court had jurisdiction to entertain an application under section 25, Guardians and Wards Act (VIII of 1890).   (b) Guardians and Wards Act (VIII of 1890), S. 25 Welfare of minor-Presumed to be in returning to guardian under Muhammadan Law-Boy over 7 years--Father entitled to claim custody of minor.   In the absence of evidence to contrary, it should be presumed that the welfare of a minor 'lies in such minor being handed over to a relation entitled under Muhammadan Law to the custody of the minor.   Where the minor is over 7 years of age, it should be presumed that its welfare lies in returning to the father. That the father has married another wife and the step mother may not treat the minor properly, or that the minor will be separated from the mother and sisters, can hardly stand in…