Law: Guardians and Wards Act (VIII of 1890)

Section: 25

(a) Guardians and Wards Act (VIII of 1890), S. 25-Custody and guardianship of minors-Cannot be settled by private compromise or even arbitration-Agreement between parties in this respect-Not enforceable although it could be evidence of abandonment of child by one of the parents-Mother to avoid lengthy litigations for getting divorce, agreeing to let minor girl aged 31 years to remain in custody of father-Held, mother, in circumstance, did not abandon child-Contract Act (IX of 1872), S. 23. (b) Muhammadan Law-Custody of children-Hanafi Law- Mother should have custody of female child till age of puberty subject to welfare of minor. Saraswatibaf Shripad Ved v. Shripad Vasanji Ved A I R 1941 Born. 103 ref. Date of hearing : 16th September 1969.   JUDGMENT The question in this case is whether the custody of Asma Khatoon, aged 31 years, should remain with her father or should be given to the mother, that is, the appellant before me. The brief facts necessary to appreciate this question are these: 1. The parties were married sometimes in 1960 at Sinjhoro. They had four sons, but all of them died in infancy. Then Asma Khatoon was born. She was born in Baghdad during the appellant's visit to that place to meet her mother. The appellant complained of ill-treatment on the respondent's part. She even wrote a letter from Baghdad dated 15-1-1966, in reply to notices sent to her by the Union Council, in which she expressed a desire to obtain divorce from the respondent. Both parties agree that when the appellant returned to Pakistan, she could obtain divorce from the respondent under agreement dated 12-9-1967 executed before two witnesses, namely, Nasir Ahmad Chowdhury and Hafiz 1kram Ahmad. The appellant's father also attested this agreement as a witness. The agreement was produced and confirmed before the Union Council at Sinjhoro. This was done on 30th October 1967. The agreement not only grants divorce to the appellant, but also contains provisions with regard to the custody of Asma Khatoon, that is, that the respondent, Asma Khatoon's father, shall have the sole custody of his child. The appellant's case is that actually the child was snatched…