Law: Guardians and Wards Act (VIII of 1890)

Section: 25

  Guardians and Wards Act (VIII of 1890)--- ---- S.25 --- Custody of minor --- Only ground on which maternal-grandmother was held disentitled to retain custody of her minor grandson was that she had no means of livelihood --- Said ground by itself was not sufficient to deprive maternal grandmother of her right of custody of minor grandson---Duty of father to maintain his minor children wherever they may be living---If maternal grandmother of minor had no source of livelihood, it was for father to provide maintenance for minor. Mst. Feroze Begum v. Lt.-Col. Muhammad Hussain 1978 S C M R 229 and Talib Hussain v. Mst. Bashiran Bibi and 2 others 198i C L C 592 ref. Guardians and Wards Act (VIII of 1890)--- ----S.25---Custody of minor---Father was the natural guardian of his children, but he was not entitled to their custody as of right---Custody of minors should remain with mother till they attained certain age---In absence of mother, custody of minor would vest in maternal-grandmother of minors. Sh. Naveed Shaharyar for Petitioner. Malik Talib Hussain Awan for Respondent No.l. Nemo for Respondent No.2. Date of hearing: 24th March, 1991. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 arises out of an application under Section 25 of the Guardians and Wards Act riled by respondent No.1 against the petitioner seeking the restoration of the custody of   Naeem Shahzad, a minor. The petitioner is the maternal grandmother while respondent No.1 is the father of the unfortunate minor whose mother is dead. On 20th of January, 1988 respondent No.1 filed the application under section 25 of the Guardians and Wards Act, 1925 claiming the custody of the minor on the ground that, respondent No.1 was suffering from T.B. and it was for tile welfare of the minor that tlit;- minor should live with him. The application was resisted by the petitioner by filing a written statement in which it was asserted that respondent No.1 did not possess good moral character. The parties led their evidence in support of their respective contentions. Respondent No.1 examined Mst. Dalian his mother as A.W.1, Abdur Rehman as A.W.2 and…