Law:

Section:

Guardians and Wards Act (VIII of 1890)--- S. 17-Custody of minor male child-Courts below, in giving custody of minor boy of seven years to father, keeping in view welfare of minors, compromise between parties and personal law of parents-No material on record to disentitle father for custody of minor-No interference called for by Supreme Court.-[Custody of minor] ORDER SHAFI-UR-REHHAN, J.-The petitioner, a former wife of Abdur Rashid respondent, seeks leave to appeal against the judgment of the Lahore High Court dated 5-11-1979 whereby her appeal against a direction to restore the custody of the minor son Ghulam Farid to respondent was dismissed with no order as to costs. 2. The petitioner and respondent were married and had an issue Ghulam Farid. The petitioner sought the dissolution of her marriage and obtained it by a compromise entered into whereby she undertook to restore the custody of the minor on his attaining the age of seven years to the respondent in accordance with the personal law, and not to claim any maintenance for him till then. The compromise was given effect to and after the minor attained the age of seven years, the respondent sought the custody of the child. The petitioner contested. The only issue framed was whether it is in the welfare of the minor to restore its custody to Abdur Rashid. The Guardian Judge held that in view of the compromise, in view of the personal law applicable to the parties and considering the welfare of the minor and the presumptions arising from the situation and law applicable the respondent was entitled to his custody. He ordered accordingly. The learned Judge in the High Court did not interfere with the order on appeal by the petitioner. 3. The learned counsel for the petitioner…

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