Law: Guardians and Wards Act, 1890

Section: 25

Guardians and Wards Act (VIII of 1890)--   ---S.25--Custody of child--Welfare of minor girl, living with aged maternal-grandparents--Petitioner seeking custody of his daughter aged 14 years--Girl residing with her maternal-grandparents since childhood--Petitioner, after separation remarried and had children from second wife--Mother also remarried and living with her second husband--Petitioner claiming that childs maternal-grandparents being too old were not in a proper condition to look after the minor nor give her proper education--Child apparently intelligent, refuting the allegation and categorically stating that since she had been from her childhood brought up by her maternal-grandparents, she would stay with them and not with petitioner who had been a constant cause of disturbance for her--Custody of minor allowed to remain with maternal ­grandmother.   ORDER JAVID IQBAL, J.--This petition for leave to appeal has been filed by Ch. Nazir Ahmad petitioner claiming custody of his minor daughter from respondents Nos.3 to 5. Mst.Farzana, his daughter is at present residing with her maternal-grandmother. The parties came to an interim settlement which has been reduced into writing and placed on record. An order was therefore, passed on 8th December, 1987 in this case and the case was adjourned for one month to enable the parties to work out the arrangements successfully. Thereafter vide our order dated 18th January, 1988 the present interim arrangements were ordered to continue for another period of three months. Now an application has been filed on behalf of the petitioner praying that respondents 3 to 5 may be submitted to medical examination. It is stated in the application that the High Court gave the custody of Mst.Farzana to her maternal-grandparents who were too old, infirm and feeble to look after the minor girl. The maternal ­grandmother of the minor was more than 80 years old and her maternal-grandfather was aged between 85 to 90 years. It was submitted that they were not in proper condition to look after the minor. Today before us were present Mst.Farzana, her maternal-grandmother as well as maternal-uncle. On the other side the…

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