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MUHAMMAD YAR versus KANIZ FATIMA


After examining the evidence on the concurrent record of the question of fact by the courts affecting section 5 of the West Pakistan Family Court Act 1964 and Schedule Constitution of Pakistan (1973), Article 199, it is found that The interests and welfare of the minor are in his custody. Unless his mother was remarried and no allegation of immorality was ever given to his mother, he was best entitled to custody of the minors. The fact that the mother did not have enough resources to properly educate or retain minors, the father was responsible for caring for the minors wherever they resided. The following court-wide conclusions were retained with the modification that the mother would be given the opportunity to visit at least one of the children at least once a week each month.

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