Skip to main content

In case of second marriage, Guardianship does not transfer automatically

By
It is settled principle that a mother is not eligible for the custody of minor if she contracts second marriage. This principle is extracted from Islamic Shariah and is applicable on the courts of Pakistan. However, a fact is that the Guardianship Courts in Pakistan are governed by two statutes mainly. One of them is the Guardians and Wards Act, 1890 while the other is the West Pakistan Family Courts Act, 1964.

The West Pakistan Family Courts Act 1964 and the West Pakistan Family Courts Rules are the procedural laws governing the procedure of guardianship cases. Similarly the Guardians and Wards Act 1890 is the main enactment under which the Guardian Judges are bound to decide Guardianship Cases.

According to the provisions of the Guardians and Wards Act 1890 the Guardian Judge has to give paramount importance to the Welfare of Minor before deciding Guardianship Petition. That is the basic criterion.

For more, you can consult omara.khan789@gmail.com or call +923123450006
Labels:

Comments

Post a Comment

Popular posts from this blog

Co-sharer

By
Possession of one co-sharer in possession of all . 1998 MLD 857, 1857; 2006 YLR 831; 2008 SCMR 661, 616; 2008 SCMR 905. Co-sharer to establish right of co-heirship . 2008 MLD 278.  For  more , you can consult omara.khan789@gmail.com or call +923123450006
Post a Comment
Read more

2013 S C M R 587

By
Rule that no limitation ran against a void order was not an inflexible rule --- Party could not sleep over to challenge a void order and it was bound to challenge the same within the stipulated/Prescribed time period of limitation from the date of knowledge before the proper forum in appropriate proceedings --- Appeal filed before the Appellate Tribunal was admittedly time-barred, and was rightly dismissed as being hit by limitation and no sufficient cause for condonation of delay was found --- High Court agreed with the order of Appellate Tribunal --- Supreme Court had affirmed concurrent findings recorded by fora below --- Review petition was dismissed in circumstances. For  more , you can consult omara.khan789@gmail.com or call +923123450006
Post a Comment
Read more

Entrustment of property and dishonest misappropriation of entrusted property

By
  PLJ 2026 SC 96 [Appellate Jurisdiction] Present:   Sardar Tariq Masood and Mazhar Alam Khan Miankhel, JJ. AYESHA TAYYAB--Petitioner versus STATION HOUSE OFFICER, POLICE STATION CANTT.DISTRICT SIALKOT, etc.--Respondents C.P. No. 1575 of 2024, decided on 22.5.2025. (On appeal against the order dated 08.03.2024 passed by the Lahore High Court, Lahore in Writ Petition No. 1684 of 2024) Criminal Procedure Code, 1898 (V of 1898)-- ----S. 406--Constitution of Pakistan, 1973, Art. 199(1)(a)(ii)--Criminal Procedure Code, 1898 (V of 1898), S. 561-A--Quashment of criminal proceedings and Quashment of FIR--Entrustment of property and dishonest   misappropriation   of   entrusted   property--“Qarz-e-Hasna”--Amount was handed over as a loan/trust--High Court observed that no offence under section 406 PPC was made out from contents of FIR and proceeded to quash same under its constitutional jurisdiction conferred by Article 199--Contents of FIR determine whether a cogni...
Post a Comment
Read more