Law:

Section:

Constitution of Pakistan (1973)--Art. 185(3)--Guardians and Wards Act (VIII of 1890), Ss. 17(3) & 25--Appointment of guardian--Matters to be considered in--Minors intelligent preference--Mother re-marrying stranger--Effect of--Boy of 12/13 desirous to remain with mother--Appointment of grand-mother as guardian by Court--Factum of mother's second marriage with stranger prevailing as main consideration with Guardian Judge, but due regard not given to wishes of minor who was capable of making intelligent/ reasonable preference--It being axiomatic that in matter of appointment of guardian, welfare of minor, coupled with his own wish, should be primary consideration for Court, leave to appeal granted to consider question as also to examine whether in case of male child, marriage of his mother with a stranger would be relevant consideration for depriving her of minor's custody. ORDER ZAFFAR HUSSAIN MIRZA, J.--This petition for leave to appeal concerns the dispute with regard to the guardianship of a minor boy, namely, Yawar Zulqarnain Ahmad, aged about 12 years. The petitioner, Mst. Talat Nasira, is the mother of the minor and on the other side of the dispute is Mst. Munawar Sultana, respondent No. 1, who is his paternal grand-mother. The father of the minor was serving in the Armed Forces as a Major and had died in the Indo-Pakistan War of 1971. 2. The first respondent moved an application for being appointed as guardian of the person and property of the minor before Mr. Abdul Hamid Khan Khattak, Guardian Judge, Lahore. In support of the application, the first respondent urged that the petitioner, the mother of the minor, has contracted another marriage with a stranger after the death of her husband, the father of the minor. Some additional grounds were also urged in support of the prayer for appointment as guardian, to the effect that the welfare of the minor did not lay in his being in the custody of his mother. The petitioner contested the application and repudiated the allegations made therein, making some counter-allegations against respondent No. 1 of misconduct towards her and the minor which according to her compelled her to leave the house of her…

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