Z. A. QURESHI versus ADDITIONAL DISTRICT JUDGE, KARACHI

Article 25 The concept of custody of Hajjis in favor of persons having preferential rights under Muslim law is subject to consideration of the welfare of the minor [minor custody].

1981 C L C 651

[Karachi]

Before Fakhruddin G. Ebrahim and B. G. N. Kazi, JJ

Z. A. QURESHI AND 2 OTHERS‑Petitioners

versus

ADDITIONAL DISTRICT JUDGE, KARACHI

AND ANOTHER‑Respondents

Constitutional Petition No. 302 of 1975, decided on 7th August 1979.

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

‑‑ S. 25‑Custody‑‑Presumption of hizanat in favour of persons having preferential right under Muslim law‑Subject to consideration of welfare of minor.‑[Custody of minor].

(b) Constitution of Pakistan (1973)‑

‑‑ Art. 199‑Constitutional jurisdiction‑Order of Court below within its competence‑High Court, held, will not interfere in constitutional jurisdiction.‑[Jurisdiction].

Hazoor Alam v. N. L R. C. 1974 P L C 161 and Muhammad Hussain Munir v. Sikandar and others P L D 1974 S C 139 ref.

Wajihuddin Ahmed for Petitioners.

K. A. Ghani for Respondent No. 2.

Dates of hearing : 6th and 7th August, 1979.

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