Law:

Section:

(a) Guardians and Wards Act (VIII of 1890)-------S. 25---Constitution of Pakistan (1973), Act. 199---Constitutional petition---Custody of minor---Welfare of minor---Guardian Judge handing over custody of minor boy to his father, on the ground that father being natural guardian of the minor, right to custody vested in him as the minor had crossed the age of seven years---Appellate Court reversed findings of the Guardian Judge and handed over the custody of minor to his mother taking the view that the minor was obtaining worldly as well as religious education and was deeply associated with his mother for the last so many years and that it would not be in the welfare of the minor to separate him from his mother--­Validity---Supreme consideration in a matter/dispute of custody of minor was welfare of the minor---Minor in custody of mother was acquiring good education with distinction in the class having good physique and health and responded to the Court questions with confidence---Order of handing over custody of minor to his mother, by Appellate Court was neither perverse nor illegal---Constitutional petition was dismissed. Surraya Bibi v. Abdur Rashid 1980 CLC 785; Faiz Bakhsh v. Mst. Sakina 1980 CLC 1989; Mst. Rashida Bibi v. Muhammad Ismail 1981 SCMR 744; Mst. Naheed Abbas v. Syed Zubair Hussain Shah and others 1989 ALD 446; Mst. Zahran v. Umaar Draz and others NLR 1993 Civil 125; Muhammad Iqbal v. Additional District Judge, Bhalwal and 2 others 2000 CLC 108 and Mst. Firdous Iqbal v. Shifaat Ali and others 2000 SCMR 838 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Guardians and Wards Act (VIII of 1890), S.25--­Constitutional petition---Evidence recorded in the case by Guardian Judge was not placed on record---Effect---Was not possible to examine correctness of order of Appellate Court whether the same was result of any misreading or non-reading of evidence. (c) Guardians and Wards Act (VIII of 1890)--- ----S. 25---Custody of minor---Welfare of minor---Minor (boy) was being brought up by his mother properly and adequately---Minor quite vehemently expressed his desire and preference to continue to live with his mother---Preference of minor being…

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