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AMIR BEGUM versus RAB NAWAZ


The father of the minor divorces the minor's mother in custody of the father and the two are marrying the other man while his mother abuses his mother's brother in violation of the terms of the alleged settlement. Under these circumstances, living in the custody of the father

1981 C L C 1319

[Lahore]

Before Khurshid Ahmad, J

AMIR BEGUM‑Appellant

versus

RAB NAWAZ AND ANOTHER‑Respondents

First Appeal from Original Order No. 320 of 1979, decided on 27th January, 1980.

Guardians and Wards Act (XIII of 11890)‑------

‑‑ S. 25 ‑ Father's custody‑Minor's father divorcing minor's mother and both marrying another person‑Father withdrawing application for custody of minor child, alleging compromise with contesting mother divorced by him‑New husband of minor's mother not agreeable to minor's living in his house mother in violation of terms of alleged compromise transferring custody of minor to her brother‑Father again applying for custody of minor‑Minor not produced in Court to show his inclination‑Custody of minor returned to father‑Father getting minor admitted in school-- Welfare of minor, in circumstances held, lay in remaining in father's custody.‑[Custody of minor].

Mst. Tahera Begum v. Saleem Ahmad Siddiqui P L D 1970 Kar. 619 rel.

Aamar Elahi v. Rasida Akhtar P L D 1955 Lab. 412 distinguished.

Msr. Feroze Begum v. Lt.‑Col. Muhammad Hussain 1978 S C M R

299 and Khizar Hayal Khert Tiwana v. Zainab Begum P L D 1967 S C 402 ref.

Abdul Majeed Khan for Appellant.

Noor Muhammad Chandio for Respondents.

Date of hearing : 27th January, 1980.

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