Law:

Section:

Guardians and Wards Act (VIII of 1890)--- ----Ss. 12 & 25---Constitution of Pakistan (1973), Art.199---Constitutional petition---Custody of minor---Word "religion" used in S.17 of Guardians and Wards Act, 1890---Scope---Judgmental observations with regard to nature of profession of parents of minor---Desirability---Minor son was more than seven years of age and Trial Court removed him from the custody of mother and handed over to father---Judgment passed by Trail Court was maintained by Lower Appellate Court---Validity---Word "religion" used in S.17 of Guardians and Wards Act, 1890, was to be given its wider interpretation and not narrowing it down to sects and sub-sects---In deciding custody of a minor , it would be of no relevance as to which sect did the father belong and as to which sect did the mother belong---Trial Court had extensively dealt with all questions---High Court disagreed with the observation of Guardian Judge that mother was running a tuition centre and domestic beauty parlour and therefore, it was not conducive to minor---High Court directed Trial Court to stay away from al observations about professions which were permitted by law---While accepting application for custody of minor, two courts below had given cogent reasons after having appreciated the evidence---Minor appeared before Trial Court and clearly stated that his father loved him and he also stated that his grandmother also loved him--High Court in exercise of constitutional jurisdiction declined to interfere in concurrent findings of fact by two courts below---Petition was dismissed in circumstances. Ch. Nazir Ahmed v. Additional District Judge III, Sahiwal and others 1988 SCMR 1359; Saad Amanullah Khan v. IVth Senior Civil Judge, (South) Karachi and 3 others PLD 2008 Kar: 499; Mst. Zainab Bibi v. Rehmat Ali and 2 others 1994 MLD 1098; Mst. Farah Waqar v. Dr. Waqar Ahmed Khan 2000 YLR 3046; Barkat Bibi v. Zahid Perveen and 2 others 2003 YLR 1105; Khan Muhammad v. Mst. Surayya Bibi 2008 SCMR 480; Malik Muhammad Hussain v. District Returning Officer and others 2008 SCMR 488; Sultana Begum v. Mir Afzal and others PLD 1988 Kar. 252; Surraya Bibi v. Abdur Rashid 1980 CLC 785;…

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