Law:

Section:

(a) Guardians and Wards Act (VIII of 1890)--- ----S. 25---Custody of minor boy--=Entitlement---Father's earlier application for custody of minor boy when he was about two and half years of age was dismissed---Minor was a little over seven years when fresh application for his custody was filed---Subject to an overriding consideration of welfare of the minor father was entitled to the custody of a boy of the age of seven years or above---Predominant consideration in the ultimate analysis was the welfare of the ward which dictated the decision of his existing or future custody---Mother, after divorce had not remarried; while father lost no time for getting a second wife for himself and he had children from his second wife---Minor and mother resided together in days of adversity; they were acclimatized and were a solace to each other---Mother had passed her forlorn life in the company of her growing son---Father had enjoyed company of second wife and children from her---Minor boy ever since he saw the First light was in custody of his mother--­Father was made to pay maintenance under command of Family Court; independent of it he was oblivious of his obligation to his son---Disturbance of custody at such stage of time for minor's transfer to a house to share the company of a step-mother had clear potential of obstructing the smooth future growth of minor---Exceptions apart, treatment of a step-mother was proverbial---Decision arrived at- in earlier proceedings was although not res judicata on the question of welfare of minor for reagitating it in second round of litigation, yet the same (decision) was relevant and helpful for determining the welfare of the ward arising for decision between his parents a second time---No flaw was proved in the person of mother---No substitute for the care, love and affection of a mother for her progeny could be found out--­Mother was thus, entitled to the custody of her minor son in preference to father of the minor, in circumstances. (b) Guardians and Wards Act (VIII of 1890)--- ----S. 25---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction, exercise of---Courts below had carefully sifted the material placed…

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