Law:

Section:

Guardians and Wards Act (VIII of 1890)--- ----S. 7---Custody of minor girls---Father and mother both belonging to Aghakhani Community and dispute over custody of their two minor daughters having gone to Jamaat, the Jamaat decided that mother should have their custody but father be permitted to have their custody on Fridays---Mother in order to obtain a regular order moving application under S.7 before Guardian Judge---Father as respondent to application filed written statement but thereafter failed to pursue his defence but at the stage of announcement of advancing a proposal that "minors be allowed to remain with him from every Thursday evening till morning of following Saturday"---Guardian judge whilst granting custody to mother acceded to the proposal submitted by father---Appeal to High Court by mother ---Held overnight stay of minor girls with their father living alone in his apartment was not in interest of the minors---High Court modified the order and directed that minors may remain with their father on Fridays from 10-00 a.m. to 8-00 p.m. as well as on two Eids from 12 mid-day to 8-00 p.m. JUDGMENT Appellant Mst. Husan Ara was married to Respondent Dr. Muhammad Ali in November 1977 and the couple have two daughters, Baby Kiran who was born in December 1980 and Baby Shabnam who was born in February 1984 in England where the couple had by then moved but by the end of the same year the family permanently returned to Karachi. According to the Appellant, the Respondent is of violent temper and treated her cruelly and as a result since June 1987 she is residing with her parents. The details of the alleged cruel treatment being irrelevant for purposes of this Appeal, are not given here. The parties belong to Aghakhani community and the dispute had gone to the Jamaat and according to its decision, the Appellant was given the custody of the minors but the respondent was permitted to have their custody on Fridays. However the Appellant thought it desirable to obtain an appropriate order from the Court as regards the custody of the minors and she moved an application under section 7 of Guardians and Wards Act before the District Judge, Karachi in August 1988. Her…

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