Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: OrderVII,Rule11

Law: Muhammadan Law

Section: 354

Law: Guardians and Wards Act, 1890

Section: 25,17

(a) Guardians and Wards Act (VIII of 1890)--- ----S.25---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Petition for custody of minor son and daughter by mother---Such petition made by father showing both parents of minors to be residing in one house, while father alleging minors to be in his custody---Validity---Such petition was misconceived as custody of minors had never been removed---Such petition was not entertain able, thus, was dismissed in circumstances. (b) Islamic Law--- ----Female childe, custody of---Disentitlement of mother to such custody---Circumstances stated. A female could only be disentitled to the custody of her minor child, if she remarries or goes and resides at a distant place or if she leads an immoral life or she neglects to take proper care of the child. Section 354 of the Muhammadan Law rel. (c) Guardians and Wards Act (VIII of 1890)--- ----S. 25---Petition for custody of minor son and daughter by mother---Contest between parents of minors, both being Doctors by profession---Private compromise between parties giving custody of minors to father 'while divorcing their mother---Validity---Court before passing any order would prefer the welfare of minors---Father had not alleged that mother had either remarried or was leading an immoral life or had neglected to take proper care of minors---Father was serving professional doctor and had no female in his house to look after children---Minor so was being looked after by father through a male servant of 14/15 years, while minor daughter was being brought up by his sister residing at another place---Both minors for being of tender age required affection---Mother was a doctor and having sufficient sources---Welfare of minors in circumstances, would be in handing over their custody to mother having preferential right of Hizanat---Private agreement between the parties was neither valid in law nor even enforceable---Application of mother was accepted in circumstances. Mst. Hameed Mai v. Irshad Hussain PLD 2002 SC 267; Mst. and Mehmood Akhtar v. District Judge, Attock and 2 others" 2004 SCMR 1839 ref. Mst. Tahera Begum v. Saleem Ahmed Siddiqui PLD 1970 Kar. 619, Mst. Naseem…

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