Law:

Section:

(a) Guardian and Wards Act (VIII of 1890)--- ----S. 25---Custody of minor daughter---Custody of minor was not entrusted to petitioner mother by Trial Court, for Court was mainly swayed away with the registration of criminal case against her, which had already been quashed by High Court---Courts below had not considered all evidence brought by petitioner on record---Independent witness who was related to both the parties had corroborated petitioner in her evidence that she was in sound position to maintain minor---Custody, however, could not be refused to petitioner simply on the ground that she was lady of meagre means---Evidence on record showed that petitioner was not only being supported by her brothers but also independently doing her sewing work---Mere inability to maintain children, however, would not be a ground for depriving mother of custody of her minor child---Mother was thus, entitled to custody of minor. (b) Guardian and Wards Act (VIII of 189o)--- ----S. 25---Constitution of Pakistan (1973), Art. 19r)---Custody of minor--- Welfare of minor---Minor's upbringing would be adversely affected if she were given in custody to-father at the impressionable age because of his complete ignorance about religious teachings---Mother's position was otherwise for she was better equipped in the reading of Holy Qur'an---Mother had not married again after her Talaq from husband nor she intended to do so---Keeping in consideration young age of minor and the fact that mother had not married, and other evidence on record, welfare of child would be best served if she remained with her mother---Child's custody was thus, entrusted to petitioner mother. JUDGMENT This Constitutional petition is directed against the judgment, dated 22nd-of February, 1990 passed by the learned Addl: District Judge, Kasur, whereby he dismissed the appeal of the present petitioner against the judgment dated 4-5-1989 of the learned Guardian Judge, Chunian, through which he handed over the custody of the minor girl to respondent No.1 The facts briefly are that the petitioner entered into a marriage contract with respondent No.l in the year 1982. Mst. Tasnima Bibi, a daughter, was born in the year…

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