Law: Guardian and Wards Act (VIII of 1890)

Section: 25

Guardians and Wards Act (VIII of 1890)  S. 25-Appointment of guardian-Welfare of minor-Mother of minor daughter at time of taking divorce voluntarily agreeing to surrender minor to her previous husband, father of minor, after five years-Minor's mother marrying another husband and having a son from him-Custody of minor daughter cannot, in circumstance, be given to her mother, so as to amount to placing minor in custody of mother's new husband not falling within prohibited degree to ward- Order of Courts below giving custody of minor daughter to her father supported by sound reasons and no factual or legal error or violation of any principle of law pointed out-No interference called for with such order.-[Custody of minor]. Date of hearing : 16th November, 1980.                                                                                                                                                               ORDER KARAM ELAHEE CHAUHAN, J.-Hafiz Ghulam Mustafa respondent filed an application under section 25 of the Guardians and Wards Act VIII of 1890, for return of the custody of his minor daughter Mst. Shamim Mai (now aged about 8 years). The application was accepted by tile learned Guardian Judge by his order dated 4-6-1979, who directed the petitioner, who is a divorcee of Ghulam Mustafa to return the custody of the child to him. 2. The petitioner filed an appeal being F. 10. No. 203/79 but without any success as the same was dismissed by the High Court on 10-12-1979. 3. The petitioner has now come up in petition for special leave to appeal against the same to this Court. 4. It is conceded before us that after the divorce, the petitioner ha married another husband and is living with him. It is also conceded that from the new wedlock the petitioner has…