| Citation(s) |
|---|
| 1980 SLD 3135 = 1980 CLC 1033 |
Lahore High Court
First Appeal from Original Order No. 192 of 1978, decided December, 1979.
Presented By: Muhanrmad Afzal Lone, J
Sh. Hamid Mukhtar for Appellant. Malik Muhammad Rashid for
Respondent.
First Appeal from Original Order No. 192 of 1978, decided December, 1979.
Presented By: Muhanrmad Afzal Lone, J
Sh. Hamid Mukhtar for Appellant. Malik Muhammad Rashid for
Respondent.
ABDUL GHANI--Appellant
VERSUS
Mst. KALSOOM BEGUM-Respondent
Law: Guardians and Wards Act (VIII of 1890)
Section: 25
(a) Guardians and Wards Act (VIII of 1890) S. 25-Custody-Appellant, father of minor son divorce respondent wife contracting second marriage and having children from second wife-Respondent, not remarrying and ever since her divorce minor residing with her--Minor 151 years, studying in 9th Class, expressing his preference for mother-Plea regarding mother being not possessed of means of income, held, n ground to award custody of minor to appellant father--Appellant further held, duty bound to maintain minor-Appellant not paying maintenance to minor and warrant for his arrest issued-Application for custody filed by appellant out of retaliation-Mother under Muhammadan Law, although normally entitled to retail custody of her male child only till age of 7 years yet for determination of question of custody of a minor his welfare, primaril to be kept in view by Court-'Finding of Guardian Judge allowing custody of minor with appellant mother upheld.-[Custody o minor]. Mukhtar Ahmad Khan v. Aziza Begum I' L D 1975 Lah. 86: Juma i. Mst. Gul Ferosha P L D 1972 Pesh. I ; Mst. Zohra Begum v. Sh. 4hmad Munawar P L D 1965 Lab. 695 and fist, Fahmida Begum v. Ahmad P L D 1968 Lah. 1112 ref, (b) Guardians and Wards Act (VIII of 1890) S. 25-Custdoy of male minor over 7 years .allowed to remain with mother in view of welfare of minor-Appellant father, held, may move Gurdian Judge to provide opportunity to meet minor periodically to remove estrangement between father and son: [Custody of minor]. Date of hearing : 22nd October, 1979, JUDGMENT The appellant filed an application under section 25 of the Guardian Wards Act, for the custody of his minor son and a daughter, name Mubashar Ahmad and…