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