| Citation(s) |
|---|
| 1980 SLG 3273 = 1980 SLD 3273 = 1980 CLC 1802 |
Azad J. & K
Civil Appeal No. 35;M. R. of 1978, decided on 18th February 1980. (On appeal from the judgment of the High Court dated 441977 in Civil Appeal No. 50 of 1976).
Presented By: Raja Muhammad Khurshid Khan and Malik Muhammad A slam Khan, JJ
Mst. Zohra Begum v. Sh. Latif Muhammad Munawwar P L D 1965 Lah. 695 ; Murari Lal v. Saraswati A I R 1925 Lah. 375 ; Mst. Janak Dulari v. Mt. Gangs Dei A I R 1931 Oudh 326 and Mohideen Ibrahim Nachi v. L. Mahomed Ibrahim Sahib A I R 1917 Mad. 612 ref. Ch. Muhammad Taj, Advocate for Appellant. Ch. Sher Zaman, Advocate for
Respondent.
Civil Appeal No. 35;M. R. of 1978, decided on 18th February 1980. (On appeal from the judgment of the High Court dated 441977 in Civil Appeal No. 50 of 1976).
Presented By: Raja Muhammad Khurshid Khan and Malik Muhammad A slam Khan, JJ
Mst. Zohra Begum v. Sh. Latif Muhammad Munawwar P L D 1965 Lah. 695 ; Murari Lal v. Saraswati A I R 1925 Lah. 375 ; Mst. Janak Dulari v. Mt. Gangs Dei A I R 1931 Oudh 326 and Mohideen Ibrahim Nachi v. L. Mahomed Ibrahim Sahib A I R 1917 Mad. 612 ref. Ch. Muhammad Taj, Advocate for Appellant. Ch. Sher Zaman, Advocate for
Respondent.
TASSADIQ HUSSAIN SHAH.--Appellant
VERSUS
Mst. SURRAYA BEGUM--Respondent
Law: Guardians and Wards Act (VIII of 1890)
Section: 25
(a) Guardians and Wards Act (VIII of 1890) S. 25Custody of minor living with mother, his ways entirely different from ways of appellant father having remarried and got children from second wifeProverbial maltreatment of step mother, held, outweighs presumption of welfare of minor lying with father:[Custody of minor]. (b) Guardians and Wards Act (VIII of 1890) S. 25Custody of minorGuardian even if not having actual custody deemed to have its constructive custodyFather under Muhammadan Law liable to maintain child as its natural and first guardianChild though in actual custody of mother and remaining to charge of mother yet under guardianship of father.[Custody of minor]. (c) Guardians and Wards Act (VIII of 1890) S. 25Custody of minor.Welfare of minorPersonal laws subordinated to welfareCourt may order return of ward to custody of guardian only on seeing interest of minorWelfare of minor also partly dependent on eligibility of guardian to get custody. [Custody of minor]. (d) Guardians and Wards Act (VIII of 1890) S. 25Custody and control of childrenRights of parentsTo be exercised not in interest of parents but in interest of their children Court perfectly justified in imposing limits upon father's right of custody if exercise of such right materially interferes with health and happiness of minor,[Custody of minor]. M. Biru v. Beharidal A I R 1956 J & K 31 ref. (e) Guardians and Wards Act (VIII of 1890) S. 25Custody of minorSole criterion for decisionWelfare of minor. Manjit Singh v. Bakirshish Singh A I R 1952 Pb. 129 ref. (f) Guardians and Wards Act (VIII of 1890) S. 25Custody of minorappellant father divorcing mother of minor, remarrying, getting children from second wife and neglecting to maintain minorApplication of appellant for custody of minor, held, not bona fide in circumstances. (g) Guardians and Wards Act (VIII of 1890) S. 25Stepmother no substitute for mother in matter of rearing up of minor, mother's lap being God's own cradle for childAs between father and mother, other things being equal, father not a fit person for custody of minor except where mother found leading a bad and immoral life. (h)…