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Grandmother takes the position of Father in his absence

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When father of child dies, becomes incapable of custody or is outside Pakistan, Grandmother takes the place of father of child. According to the Guardians and Wards Act 1890 she stands no where. However according to Islamic law and the settled principles of superior courts of Pakistan she has rights.

In such like circumstances mother has the first right of custody of child. After mother the maternal grandmother holds the legal right of custody. After maternal grandmother the paternal grandmother can be the guardian of child. However if the real mother and real maternal grandmother are not ineligible to look after the child in any manner then the paternal grandmother will never be given custody of the child.



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