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    1981 C L C 1275 (Karachi) Before G. M. Shah and B. G. N. Kazi, JJ Mst. Zaibunnissa Versus Muhammad Qassam and 4 Others

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    Urooj Lashari

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    1981 C L C 1275 (Karachi) Before G. M. Shah and B. G. N. Kazi, JJ Mst. Zaibunnissa Versus Muhammad Qassam and 4 Others

    Uploaded by

    Urooj Lashari
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    1981 C L C 1275

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    10 views3 pages

    1981 C L C 1275 (Karachi) Before G. M. Shah and B. G. N. Kazi, JJ Mst. Zaibunnissa Versus Muhammad Qassam and 4 Others

    Uploaded by

    Urooj Lashari

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 3

    2/9/23, 8:01 PM 1981 C L C 1275

    1981 C L C 1275

    [Karachi]

    Before G. M. Shah and B. G. N. Kazi, JJ

    Mst. ZAIBUNNISSA‑Petitioner
    versus
    MUHAMMAD QASSAM AND 4 others‑‑‑Respondents

    Constitutional Petition No. 493 of 1978, decided on 23rd Derek 1980.

    (a) Guardians and Wards Act (VIII of 1890)‑‑-----

    ------S. 17‑Matters to be considered in appointing guardian‑-----Minor boy ten years


    old, subject to Mahommadan Law‑‑Mother remarrying stranger‑Mother's appointment
    as guardian and her custody of minor, held, not consistent with personal law of
    parties‑‑Further held, however paramount consideration to he given to welfare of
    minor with reference to matters indicated in subsection (2) of S. 17.‑[Custody of
    minor].

    Muhammad Ramzan v. Mst. Fazal Nishan 1968 S C M R 1435 ; M.M Feroze Begum v.
    Lt.‑Col. Muhammad Hussain 1978 S C M R 299 ; Rahimullah Choudhry v. Nelali
    Begum 1974 S C M R 305 ; Bashir Ahmed v. Yst. 1978 S C M R 192 and Zohura
    Begum v. Maimuna Khatun P L D 1965 Dacca 290 distinguished.

    Mst. Zebo and another'v. Mira/ Gul P L D 1952 Pesh. 77 ref.

    (b) Guardians and Wards Act (VIII of 1890)‑--

    ---S. 39, cl. (h) & S.44‑Guardian ceasing to reside within local limits of Court and
    removal of ward from its jurisdiction‑Minor boy s father living in Japan and wishing to
    carry him there‑‑Mother divorced and remarrying stranger‑Concurrent findings of
    Family Court and Appellate Court as to minor's remaining in custody of father being in
    welfare of minor‑Father natural and legal guardian under personal law‑Section 39,
    held, applies to guardian appointed or declared in Court or guardian appointed by will
    or other instrument and does not apply to natural or de facto guardians‑Provisions of S.
    44, held further, do not apply to father.‑[Custody of minor].

    (c) Guardians and Wards Act (VIII of 1890)‑---

    https://www.pakistanlawsite.com/Login/PrintCaseLaw?caseName=1981K350 1/3
    2/9/23, 8:01 PM 1981 C L C 1275

    ‑‑ S. 48‑Finality of order made under Act‑Petitioner's suit under S. 7 decided and her
    appeal against decision also decided‑Court's jurisdiction being exclusive order in such
    circumstances final‑Petition, held, misconceived.‑[Custody of minor].

    Asghar Ali and 3 others v. Haji Khamico and .J others P L D 1976Kar. 659 and
    Muhammad Hussain Munir and others v. Sikandar and others P L D 1974 S C 139 ref.

    Nizam Ahmed for Petitioner.


    Ismail Munshl for Respondents.

    Dates of hearing : 17th and 18th December, 1980.

    https://www.pakistanlawsite.com/Login/PrintCaseLaw?caseName=1981K350 2/3
    2/9/23, 8:01 PM 1981 C L C 1275

    https://www.pakistanlawsite.com/Login/PrintCaseLaw?caseName=1981K350 3/3

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