Law: Guardian and Wards Act (VIII of 1890)

Section: 25

(a) Guardians and Wards Act (VIII of 1890)                                                 S. 25-Custody of minor-Male child over 7 years in age-Custody of such child to be determined on basis of welfare of minor notwithstanding presumption under Muslim Law as to custody    in such case lying with father-Question of custody decided not merely on basis of Muslim Law and rules but in light of all attending circumstances of case-Concurrent orders of Guardian Judge and High Court handing over minor's custody to father maintained.       [Custody of minor]. (b) Guardians and Wards Act (VIII of 1890)             S. 25 -Custody of minor-Failure of father to pay maintenance regularly, held, would not automatically disentitle him to custody of his son, irrespective of other circumstances of case.-[Custody of minor].          Date of hearing : 2nd March, 1980 .                                                                                                                                         ORDER ANWARUL HAQ, C. J.-The petitioner Rashida Bibi is aggrieved by an order made by a learned Judge of the Lahore High Court on the 24th of October, 1979, by which he has upheld, with a modification, an order of the Guardian Judge, Faisalabad, dated the 22nd of April, 1976, granting the custody of the minor son of the parties to the father. 2. The petitioner was married to the respondent about 10 years ago and from the wedlock two children were born, namely, a daughter. and the minor…