Law: Guardians and Wards Act (VIII of 1890)

Section: 25

  Guardians and Wardes Act (VIII of 1890)--- ----S. 25---Custody of minor son---Mother with whom minor was living had remarried and had a son from the second husband---Minor had been wrongly shown as real son of mother's second husband in the college record for the purpose of getting benefits for the minor which meant that minor was to be brought up in the house of step-father without having the name of his real father in his educational record which could create many complications for minor in future---Mother of the minor herself had no other means of livelihood except the second husband--- He keeping the minor in the custody of mother where he would be brought up as son of step-father, who was not his real father would amount to permitting violation of the Injunctions of Qur'an and Sunnah---Real father of the minor who was a person of means had stated that he had already arranged admission of the minor in one of the best educational institutions in Islamabad whereas minor at present was living in Mianwali---Leaving minor in the house of his step-father, mother and step-brother would be an act of cruelty---Welfare of the minor thus would lie in the restoration of his custody to the father in circumstances. Maulvi Abdul Aziz Khan v. Mst. Shah Jahan Begum and 2 others PLD 1971 SC 434; Iqbal v. Mst. Jinan PLD 1991 SC 727; Sahib Bibi v. Guardian Judge, and others 1987 CLC 807; Mst. Naseem Sughra v. Ghulam Hussain and 2 others 1988 CLC 2515; Mst. Javid Sultana v. Aman Ullah Khan and others 1985 CLC 2851; Mst. Harman v. Muhammad Yasin and 2 others 1985 CLC 1448; Aziz-ur-Rehman v. L.DA. 1985 CLC 2028; Gul Baz v. Abdur Raziq PLD 1985 Pesh. 38; Lt. Muhammad Rashid v. Mst. Zarnigar Qaisar Sheikh PLD 1980 Lah. 61; Lt: Col. (Rtd.) Ijaz Ali Khan v. Shaheen and others 1993 CLC 2088; Mulla's Mahomedan Law, para. 357 and Syed Shaukat Abbas v. Mst. Bushra Rani and another PLD 1982 Lah. 281 distinguished. Maulana Abul A'ala Maudoodi on Tafhim-ul-Quran, Vol. IV, pp. 69 70 fol. West Pakistan Family Courts Act (XXXV of 1964)- ----S. 5---Custody of minor---Lengthy procedure as provided in the Civil Procedure Code, 1908 has intentionally been excluded by the…