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MUHAMMAD YOUSAF versus MST. SAFIA BIBI


Sections 17 and 25 of the Constitution of Pakistan (1973), Article 199 Constitution of Minor Welfare Detention of both the petitioner / minor's father and the mother of the minor filed related requests for custody of the minor girl. Dismissed and allowed by petitioner / father, but upon filing an appeal, the Court of Appeal affirmed the reversal of the judgment of the Guardian Judge approved by the Appellate Court and granted custody of the respondent / minor to the minor. I was entitled to take, the minor was 10 years old and applied to any school R / father's custody was not studied. The applicant / father was spending most of his time away from home to earn a living, and his mother, who was living with him, was about 75 75 years of age and could not care for a minor girl. Was. According to Islamic law, a mother was entitled to custody of her child until she was puberty. That the defendant / minor's mother did not contract a second marriage and there was no evidence that she was living an immoral life. The applicant was instructed to give custody of the minor to his mother; the welfare of the minor was to remain with his mother and in the circumstances she was entitled to the custody of the minor girl. Excluded

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