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Guardians and Wards Act (VIII of 1890)--- ----Ss. 17 & 25---Constitution of Pakistan (1973), Art.199---Constitutional petition---Custody of minor---Welfare of minor---Both petitioner/father of minor and respondent/mother of minor filed respective applications for custody of minor girl---Guardian Judge dismissed application of respondent/mother and allowed that of petitioner/father, but Appellate Court below on filing appeal, reversed of Guardian Judge---Judgment passed by Appellate Court below confirmed and found respondent/mother of minor entitled to get the custody of minor, holding that minor was about 10 years of age and was not getting education in any school under the custody of petitioner/father; that petitioner/father was spending most of his time away from the house for earning his livelihood, and his mother who was residing with him was aged about 75 years and could not look after the minor girl; that according to Islamic law, mother was entitled to the custody of her female child until she would obtain puberty; that respondent/mother of minor had not contracted second marriage and no evidence was available that she was leading an immoral life---Petitioner was directed to hand over the custody of minor to respondent mother---Held, welfare of minor was that minor to remain with her mother and she was entitled to custody of the minor girl in circumstances, constitutional petitions were dismissed. JUDGEMENT HAFIZ TARIQ NASIM, J.--- Through this single judgment I also propose to decide Writ Petition No.3209 of 2007 along with this petition, as common questions of facts and law involve. 2. These writ petitions are filed against the judgment dated 13-2-2007 passed by the learned Additional District Judge, Chiniot, in Civil Appeals Nos.60/13 of 2006 and 61/13 of 2006. Two applications, one by Mst. Safia Bibi respondent and the other by Muhammad Yousaf petitioner were filed for custody of their minor daughter Samina Kausar in the Court of Guardian Judge, Chiniot, who dismissed the application of the respondent and allowed that of the petitioner vide order dated 13-7-2006 holding:--- "The above circumstances are helpful to conclude that the respondent is…

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