Law:

Section:

(a) Guardians and Wards Act (VIII of 1890)------S. 25 Custody of minor---Entitlement---Paramount consideration would be welfare of minor. Mst: Firdous Iqbal v. Shiiat Ali and others 2000 SCMR 838 fol. (b) Guardians and Wards Act (VIII of 1890)--- ----S. 25---Custody of minor son---Contest between father and maternal grandmother of minor after death of his real mother---Father having a daughter from second marriage---Effect---Evidence on record showed that grandmother was much better placed than father and was certainly in a better position to look after minor---Grandmother certainly had preferential right to, custody of minor under Islamic law---Refusal of father to deliver custody of minor to his grandmother would constitute removal within meaning of S.25 of Guardians and Wards Act, 1890---Application for, custody being competent was allowed in circumstances. Muhammad Nafeez Abbas v. The Guardian Judge, Lahore and others NLR 1994 Civil 4; Mst. Salima Bibi v. Muhammad Khan PLD 1987 Lah. 383; Mst. Razia Bibi v. District Judge, Bahawal Nagar and others 1,992 CLC 1981 and Mst, Imtiaz Begum v. Sheikh Azmat Ullah PLD 1959 (W.P.) Lah. 750 ref. (c) Guardians and Wards Act (VIII of 1890)--- ----S. 25---"Custody" of minor---Connotation---Custody would include constructive custody. Sh. Sajjad Ahmad and Malik Muhammad Rafique Rajwana for Petitioner. ORDER This is rather an unfortunate ease. Mst. Nadia Malik daughter of the respondent No.1 was married to the petitioner on 27-1-2002. The couple was blessed with a son, namely, Muhammad Sammi who was born on 22-2-2003. Mst. Nadia Malik died on 5-3-2003 and death was caused by Thalassaemia. The child remained in the custody of petitioner and looked after by his mother. On 27-1-2004, the respondent No.1 who is .admittedly a maternal grandmother of the child filed an application for his custody. It was stated that the welfare of the minor child is in the custody of -the respondent. It was mentioned that petitioner has contracted the second marriage. Further argued that the respondent No.1 and other relatives are not allowed to see the child. It was also mentioned that the respondent No.1 is better placed to look after the minor.…

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