Law:

Section:

Guardians and Wards Act (VIII of 1890} S. 25-Custody of minor - Preferential right of father to custody-Welfare of minor-Minor not the best Judge as to where his/her welfare lies-Mother of minor remarried soon after leaving husband while father still not married although a period of 6 years passed-Maternal grandmother holding custody of child not sending minor to school for education though minor was of age- Father living with his mother and sister-Case of minor, held, eminently y a fit case where father ought to have been given custody of . ORDER ASLAM RIAz HUSSAIN, J.-Mst. Aisha petitioner has filed the present petition against the judgment of the High Court, Multan Bench, dated 22-5-1982, dismissing her revision petition in a guardianship matter. 2. The facts giving rise to-this petition are, briefly, that Manzoor Hussain respondent was married to Mst. Tasleem Akhtar daughter of Mst. Aisha, petitioner. A daughter Mst. Samina Shaheen (now aged 12 years) was born out of the wedlock. Relations between the spouses, however, became strained after sometime, and Mst. Tasleem Akhtar left her husband's house and filed a suit for dissolution of marriage against him, while the latter filed a suit for restitution of conjugal rights against her. 3. The learned Judge Family Court dismissed the suit of Mst. Tasleem Akhtar but decreed the respondent's suit for restitution of conjugal rights. According to Manzoor Hussain respondent, his wife Mst. Tasleem Akhtar had developed relations with one Sher Alam. Therefore, despite the dismissal of her suit for dissolution of marriage he divorced ber himself. Soon thereafter Mst. Tasleein Akhtar married the aforementioned Sher Alam, while Manzoor Hussain has not remarried till now. It may be mentioned that at that time the custody of the minor girl was with Manzoor Hussain respondent but sometime later Mst. Tasleem Akhtar moved an application for the custody of the girl in the Court of the Guardian Judge, Multan. She made her own mother Mst. Aisha (petitioner herein) a party in that application. The learned Guardian Judge, by his order dated 19-2-1981, gave the custody of the minor to Mst. Aisha, the maternal grandmother, in view of…

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