Law: Guardians and Wards Act (VIII of 1890)

Section: 25

Guardians and wards Act (VIII of 1890) S. 25-Custody of minor-Custody of male child having attained age of 7 years-Lies with father according to Muhammadan Law governing parties--Law presumes welfare of minor to lie in being with father after he attained specified age-Mother concurrently found by both lower Courts to be rot possessed of ability and means to properly took after boy and such boy not only ailing but also remain ing completely illiterate even though attained age of 11 or 12 years---Both lower Courts also finding father to have sufficient income so as to look after boy properly-Courts below, held, justified in holding welfare of minor to lie in his custody being entrusted to father.                                                                                                                          ORDER ANWARUL HAQ, C. J.-This petition is barred by 38 days, but we condone the delay, subject to all just exceptions, for the reasons mentioned in the application filed by the petitioner in this behalf. This dispute concerns the custody of the minor son of the parties aged about 11 or 12 years. The learned Guardian Judge, after examining the evidence led by the parties, has expressed the view, that the boy was not being properly looked after by the mother, who was not possessed of sufficient means was suffering from epilepsy and was mentally retarded. He has given a finding that the mother had no male member of the family to support her and was living with her widowed mother and divorced sister, whereas the father of the child was possessed of sufficient means to look after the boy. The boy being above 7 years of age the learned Guardian Judge has taken the view that, in the circumstances, his welfare lies in living with his father. This view of the Guardian Judge has been endorsed by a learned Judge of the High Court by his judgment dated the 6th of…