Law:

Section:

Guardians and Wards Act (VIII of 1890)---S. 25---Constitution of Pakistan (1973), Art. 185(3)---Custody of minor---Welfare of minor---Right of maternal grandmother---Mother of the minor girl died a few days after giving her birth and the minor was brought up by her maternal grandmother---Grandmother was an old lady with weak eyesight and was hard of hearing---Due to careless treatment, arm of the minor was fractured which had not been fully recovered--¬Although a school and mosque was adjacent to the house of the grandmother yet the minor was neither admitted in the school nor any arrangement was made for her religious studies---Neither the grandmother nor her husband had learnt the Holy Qur'an as against it, the father of the minor and his parents owned sufficient land and could take care of the minor in more appropriate manner than the maternal grandmother being natural guardian--All the three Courts below on proper appreciation of evidence had concurrently found that welfare of the minor was that she should live in guardianship of her real father who could better look after her interest Supreme Court declined to interfere with the Concurrent findings of fact by the. Courts below---Leave to appeal was refused. JUDGMENT MIAN MUHAMMAD AJMAL, J.---Leave to appeal is sought against the judgment of the Lahore High Court, Multan Bench, Multan, dated 7-11-2001, whereby Writ Petition No. 751 of 2001, filed by the petitioner was dismissed. 2. Brief facts of the case are that Karim Bakhsh respondent No.3 and Mst. Saddan Mai got married in. 1974. Out of the wedlock a female baby was born in the house of the petitioner maternal grandmother of the minor. After about 15 days of the birth of the baby, Mst. Saddan Mai died and minor remained with the petitioner. On 31-3-2000, the petitioner filed a petition for guardianship of the minor before the Guardian Judge, Dera Ghazi Khan. Respondent No.3 also filed a counter-application for custody of the minor baby. Both the applications were consolidated by the Guardian Judge and consolidated issues were framed. Parties led their evidence in support of their respective pleas. The learned Guardian Judge on assessment of the evidence…

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