Law:

Section:

(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]. 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 son named Tariq Mahmood. It is stated that at the time the respondent applied for the custody of the boy, the latter was about 7 years old. After their divorce the respondent had married another wife and there were two daughters born from his second wedlock. He had claimed the custody of the boy mainly on the ground that the boy was not being properly looked after and educated, as the petitioner did not have sufficient means to do so, and that the boy needed the care of the father for his proper upbringing and welfare. The respon­dent's application was accepted by the learned Guardian Judge, who made a conditional order for handing over the custody of the boy to the respondent on the condition that the father would make all the arrears of maintenance and that the respondent would afford an opportunity to the boy to meet his mother and sister. This was required to be done, in the first instance, by mutual agreement, failing which either…

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