Law:

Section:

(a) Guardians and Wards Act (VIII of 1890)--------S.25---Constitution of Pakistan (1973), Art. 199---Constitutional petition--­Welfare of minor---Mother of minor was living with her parents and had no independent means of livelihood---Custody of minor son aged about 8 years was handed over to father by lower Courts---Parents of minor were first cousins, living in same village and were of same social status---Mother did not allow the minor to see his father or grand-parents---Validity---Father had inalienable and first right to keep his offspring with him---Custody was rightly handed over to father---Judgments of lower Courts did not call for any interference in circumstances. Mst. Imtiaz Begum v. Additional District Judge and others 1995 CLC 800 rel. (b) Guardians and Wards Act (VIII of 1890)---- ----S. 25---Custody of minor---Preferential right of father---Unless it was shown that mother was enjoying such a status in life or was living in environments which were more enlightened than what the father could provide, father would be preferred for custody. (c) Guardians and Wards Act (VIII of 1890)-- ---S. 25---Custody of minor---Mother did not allow minor to see his father or grand-parents---Parents, who created hatred in mind of other parents had no right to keep the minor with him/her. JUDGMENT Muhammad Riaz Tariq was married to Mst. Aysha Bibi and a son Waseem Ahmad was born out of the wed-lock. Muhammad Riaz filed a petition under section 25 of Guardian and Wards Act, 1890 for custody of his sor on 15-6-1995. According to Muhammad Riaz, Mst. Aysha, his wife took away the minor about 5 months prior to the filing of the petition to her parent's house and had not returned the minor to the father despite being called upon to do that. 2. The petition was resisted and written reply was filed wherein it was contended that the petition was submitted only to create defence in the suit filed for recovery of maintenance allowance against Muhammad Riaz father and that he was not entitled to have the custody of the minor. 3. Following issues were settled by the learned Guardian Judge on the basis of pleadings of the parties:-- Issues: (1) Whether the petitioner is…

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