Law: Guardians and Wards Act (VIII of 1890)

Section: 17, 39, 44, 48

(a) Guardians and Wards Act (VIII of 1890) S. 17-Matters to be considered in appointing guardian------Minor boy ten years old, subject to Mahommadan Law--Mother remarrying stranger-Mother's appointment as guardian and her custody of minor, held, not consistent with personal law of parties--Further held, however paramount consideration to he given to welfare of minor with reference to matters indicated in subsection (2) of S. 17.-[Custody of minor]. Muhammad Ramzan v. Mst. Fazal Nishan 1968 S C M R 1435 ; M.M Feroze Begum v. Lt.-Col. Muhammad Hussain 1978 S C M R 299 ; Rahimullah Choudhry v. Nelali Begum 1974 S C M R 305 ; Bashir Ahmed v. Yst. 1978 S C M R 192 and Zohura Begum v. Maimuna Khatun P L D 1965 Dacca 290 distinguished. Mst. Zebo and another'v. Mira/ Gul P L D 1952 Pesh. 77 ref. (b) Guardians and Wards Act (VIII of 1890) S. 39, cl. (h) & S.44-Guardian ceasing to reside within local limits of Court and removal of ward from its jurisdiction-Minor boy s father living in Japan and wishing to carry him there--Mother divorced and remarrying stranger-Concurrent findings of…