Law:

Section:

Guardians and Wards Act (VIII of 1890)-------S. 25---Constitution of Pakistan (1973), Art.199---Constitutional petition---Custody of minor boy---Welfare of minor---Mother of minor boy having died, minor remained with his maternal grandmother/ petitioner---Respondent, who was father of minor, claiming himself to be natural guardian of minor, moved application under S.25 of Guardians and Wards Act, 1890 seeking custody, of minor---Guardian Judge accepting application of respondent directed that custody of minor be delivered to respondent and of Trial Court was upheld in appeal---Petitioner had filed constitutional petition against concurrent s of both Courts below---Despite a specific issue regarding welfare of minor, neither Guardian Judge nor Appellate Court below had bothered to record findings with reference to evidence of parties to that effect and both Courts were mainly persuaded by the principle entitling father to obtain custody of a boy over seven years of age; whereas same was not a rule of thumb---Judgments recorded by two Courts below being violative of law were not sustainable, and were set aside and matter was remitted to Guardian Judge with direction to pass a fresh after hearing arguments of both parties. Sardar Hussain and others v. Mst. Parveen Umar and others PLD 2004 SC 357; Mst. Nighat Firdous v. Khadim Hussain 1998 SCMR 1593 and 5h. Abdus Salam and another v. Additional District Judge, Jhang and 2 others 1988 SCMR 608 ref. Mian Arshad Latif for Petitioner. Ch. Khalil Asghar Sindhu for Respondents. Date of hearing: 19th October, 2005. JUDGMENT MUHAMMAD JEHANGIR ARSHAD, J.--- Through this constitutional petition, Mst. Jamila Bibi, petitioner has sought annulment of judgment, dated 7-4-2005 passed by learned Judge, Family Court./Guardian Judge accepting application of respondent Shabir Ahmad moved under section 25 of the Guardians and Wards Act, thereby directing the delivery of custody of minor Ali Raza from Mst. Jamila Bibi petitioner to Shabir Ahmad; and also the judgment, dated 13-6-2005 passed by learned Additional District Judge, dismissing petitioner's appeal against the judgment of learned Guardian Judge. 2. The facts in brief are that…

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