Law:

Section:

Guardians and Wards Act (VIII of 1890)-------S. 25---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 42---Custody of minor boy of 14 years of age---Family Court handing over custody of minor child to father ---Shariat Court reversing order of Family Court and handing over custody to mother---Validity---Welfare of minor child who had attained age of 7 years or more would be presumed with that person who was entitled to the custody under Muslim Law---Such presumption would, however, be rebuttable ---Where strong circumstances were brought on record which showed that in fact welfare of minor would lie with a person other than the one who was entitled to have the custody of minor under personal law, Court could refuse custody to the person who was entitled to it under Muslim Law--­Minor boy being more than 7 years of age, presumption of his welfare would lie in favour our of father---No evidence was brought on record to prove that welfare of minor would not lie with the father ---Shariat Court was misled by extraneous ,,instances not forming part of the record---Mere fact that order of __maintenance was passed against father would not disentitle him from the custody if he was entitled to it under personal law---In absence of any- adverse circumstance it cannot be presumed that father would not look after or bring up the minor with love, affection or due care---Order of Shariat Court was set. aside and custody of minor was handed over to father---Mother would, however, be entitled to keep custody of minor at least two days-every week till he attains majority. Tassadiq Hussain Shah v. Mst. Surraya Begum 1980 CLC 1802; Shafique-ur-Rehman v. Mst. Fazeelat Begum 1995 SCR 136; Mst. Zebo v. Mizaj Gul PLD 1952 Pesh. 77; Mst. Munawar Jan v. Master Muhammad Afsar Khan PLD` 1962 Lah. 142; Sultana Begum v. Mir Afzal and others PLD 1988 Kar. 252; Mst. Khalida Begum v. Muhammad Altaf 1983 CLC 678 and Tassadiq Hussain Shah v. Mst. Surraya Begum-1980 CLC 1802 rel. Shafique-ur-Rehrrian v. Mst. Fazeelat Begum 1995 SCR 136; Mst. Munawar Jan v. Master Muhammad Afsar Khan PLD 1962 Lah. 142; Sultana Begum v. Mir Afzal and others PLD 1988 Kar. 252; Mst. Zebo v. Mizaj…

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