Law:

Section:

Guardians and Wards Act (VIII of 1890)--- ----S. 25---Custody of minor son about 8/1-2 years old---Welfare of minor would be the main consideration for granting custody of the minor---Court had bounden duty to determine as to who, mother or father, would be best suited and better attuned to, look after the minor and safeguard his future---Welfare of minor alone was determining factor in adjudging the question of his custody---Court exercises parental jurisdiction and must think and act like a kind-hearted parent---Minor had undeniably remained with his mother throughout, ever since his birth and with her he must be having maximum attachment or affection---Father was generally not interested in having his children with him, and idea of getting custody of child occurred to him when he was sued for maintenance of minor; he had with him only one child, out of so many, born out of five marriages---Minor would get no proper attention and care, if he was restored to father with whom he had never lived; he was born in the house of his mother's parents and was presently studying in a prestigious institution---Mother of minor an educationist herself, was also there to coach him---Considered from that angle, minor's future would be safe in the hands of his mother and not his father---Mother was very well educated and had means to maintain her son, until such time that he completed his education and was established in life---If minor was forced to go to the house of his father where he had not spent even a day, such act would be cruel one, especially when it was not known how many more marriages, father had celebrated after having divorced minor's mother who was his fifth wife--­Custody of minor would not be restored to father who had been rightly held to be disentitled to custody of child by the Courts below---Findings of Courts below entrusting custody of minor to mother was maintained in circumstances. JUDGMENT Hameed Ali Shah made an application under section 25, Guardians and Wards Act, for having custody of his minor son, Asad Ali Shah, who was with his mother, Shaista Sultana Naqvi. Mr. Akbar Ali Cheema, Senior Civil Judge, Sahiwal, as Guardian Judge dismissed the…

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