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MST. JAMILA BIBI versus SHABIR AHMAD


Article 25 Constitution of Pakistan (1973), Article 199 Welfare cover of minor boy The mother of the minor boy dies, the minor remains with his maternal uncle / petitioner, the father of the minor, claiming to be himself Is the natural guardian of the minor. In granting the petition under section 25 of the Guardian and Wards Act, 1890, the juvenile Guardian Judge, accepting the request of the plaintiff, directed that the juvenile's detention be handed over to the defendant and the trial court's decision upheld in appeal. Was placed, the petitioner filed a constitutional petition against several decisions. Neither the Guardian Judge nor the Court of Appeal bothered to record the findings with regard to the evidence of the parties in this case, despite the fact that the two courts had a specific issue related to the welfare of the minor. It was agreed on the principle that the father had the right to take custody of a boy. More than seven years; while the decisions recorded by the two courts under the law violations were not sustainable, and they were set aside and the matter was heard by the Guardian Judge after hearing the arguments from both parties. The verdict was sent with instructions.

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