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KHUSHI MUHAMMAD versus BASHIRAN


Section 17 (3) Minor Statement, Minor recording of 8 years and 7 months of age, only being in custody of father Minor was seen alone by his stepmother, cannot be expected to have his own mother The recording of the statement is held to detect a slight priority, not necessary in the circumstances of this case.

1981 C L C 84

Before Muhammad Habibullah, J

KHUSHI MUHAMMAD‑Appellant

versus

Mst. BASHIRAN‑‑Respondent

First' Appeal from Original Order No. 81 of 1980, decided on 29th April 1980.

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

‑‑‑ S. 25‑Custody of minor ‑‑ Only person, a step‑mother, looking after minor in her father's house‑Held : Remaining of child in custody of her own mother in interest of minor, even if there be no school in her village or father's village school having higher standard of education.‑[Custody of minors).

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

‑‑ S. 25‑Custody of minor‑Contention that since minor remained with father for 5 years as such become stranger to mother and custody be not transferred to her, held, without force in circumstances of case.‑[Custody of minors].

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

‑‑ S. 17(3)‑Statement of minor, recording of‑Minor aged 8 years and 7 months, remaining in custody of father only‑Minor looked after by her step‑mother alone‑Not expected to be conscious of affection that her own mother had for her‑Recording of statement for ascertaining minor's preference, held, not necessary in circumstances of case.

Mst. Fahmida Begum v. Habib Ahmad P L D 1968 Lah. 1112 rel.

Irshad Ahmad Qureshi for Appellant.

Respondent in person.

Date of hearing : 29th April 1980.

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