Law:

Section:

CHAUDHARY MUHAMMAD TAJ, J.‑‑‑This appeal, by leave, is filed against the judgment and order passed by the Shariat Court on 19‑4‑2002 whereby the order passed by the Guardian Judge (Senior Civil Judge, Bhimber) was set aside.   The facts giving rise to the present appeal are that two applications for the appointment of guardian and custody of the minor Warda Haleem aged six years on behalf of the appellant and respondent were filed in the Court of Guardian Judge, Bhimber. Both the applications were consolidated. The trial Court received the evidence and after hearing them granted the application filed on behalf of the appellant while dismissed that of the respondent. The appellant was appointed guardian of the minor as well as the custody was given to her. The order was challenged through an appeal before the Shariat Court of Azad Jammu and Kashmir which was accepted and the order passed by the trial Court was set aside. The respondent, father of the minor, was appointed as guardian and the custody was also given to him. The aforesaid order is challenged through this appeal.   Mr. M. Riaz Tabassum, the learned counsel for the appellant, argued that the order passed by the Shariat Court was illegal and not maintainable as, according to him, the learned Judge in the Shariat Court failed to appreciate the facts in the light of law. It was vehemently argued that it was an. admitted position that the minor was brought up by her maternal grandmother as both her father and mother after divorce contracted second marriages as such she from the age of six months was brought up by her grandmother. It was also argued that the welfare of the minor was also in the custody of her grandmother.   Ch. Ali Muhammad, the learned counsel for the respondent, while controverting the arguments addressed on behalf of the appellant, argued that the Shariat Court keeping in view the facts decided the matter in accordance with the law. It was contended by the learned counsel that the mother of the minor married with a person who was not related to the minor in prohibited degree as such under the Guardians and Wards Act she lost her right of guardianship and custody…