Muhammad Ashfaq vs Najma Bibi Ss — 2025 MLD 601 HIGH-COURT-AZAD-KASHMIR

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Muhammad Ashfaq VS Najma Bibi Ss. 17 & 25---appointment of mother as guardian of minor---Welfare of minor---application for guardianship filed by divorced mother was allowed---Validity---appellant / father was disentitled to be appointed as guardian of the minor because since the decision of the Court below the minor was in custody of respondent /mother but appellant, who was father of the minor, did not pay him maintenance and a separate suit for maintenance of the minor was filed by respondent / mother against appellant---Court below had appreciated every iota of evidence in a legal fashion and reached at a just conclusion, which did not suffer from any legal infirmity---appeal filed by father of minor was dismissed, in circumstances. Citation Name: 2025 MLD 601 HIGH-COURT-AZAD-KASHMIRBookmark this Case Muhammad Ashfaq VS Najma Bibi Ss. 17 & 25---appointment of mother as guardian of minor---Welfare of minor---application for guardianship filed by divorced mother was allowed---Plea of the appellant /father was that respondent /mother herself gave custody of minor to him through an agreement---Validity---Plea of the appellant had no plausible substance because neither said agreement was proved through evidence nor such agreement was legal one rather it would be deemed to have been obtained by coercion and in an illegal manner for the reason that the mother has got a preferential right to be appointed as guardian of minor son and while appointing guardian of minor the prime consideration is the welfare of the minor and nothing else---Thus, in the present case, the welfare of the minor was to live with his mother, and appellant who even paid no maintenance to the minor and did not bother to even meet him could not be appointed as guardian of the minor---Court below had appreciated every iota of evidence in a legal fashion and reached at a just conclusion, which did not suffer from any legal infirmity---appeal filed by father of minor was dismissed, in circumstances. Citation Name: 2025 MLD 601 HIGH-COURT-AZAD-KASHMIRBookmark this Case Muhammad Ashfaq VS Najma Bibi Ss. 17 & 25---appointment of mother as guardian of minor---Welfare of minor---application for guardianship filed by divorced mother was allowed---Validity---While appointing or declaring the Guardian of a minor or handing over the custody of the minor under S.17 of the Guardians and Wards act, 1890, the paramount consideration would be the welfare of the minor---Subsection(3) of S.17 of the Guardians and Wards act, 1890, makes it blatantly obvious that if the minor is mature enough to express his opinion then he cannot be compelled to live with the person against his/her wish---In the present case, the minor was mature enough and had showed his wish to live with his mother even before this/High Court, therefore, the preference, interest and welfare of the minor could not be ignored---Minor could not be compelled to live with appellant / father---Custody of minor, who is mature enough to express his/her opinion, could not be given against his wish---Court below had appreciated every iota of evidence in a legal fashion and reached at a just conclusion, which did not suffer from any legal infirmity---appeal filed by father of minor was dismissed, in circumstances. Citation Name: 2025 MLD 601 HIGH-COURT-AZAD-KASHMIRBookmark this Case Muhammad Ashfaq VS Najma Bibi Ss. 17 & 25---appointment of mother as guardian of minor---Welfare of minor---application for guardianship filed by divorced mother was allowed---Validity---Record revealed that the ward was studying and respondent / mother was providing him all the facilities of life---appellant /father had contracted second marriage and had also got children from his second wife ; hence, if the custody of minor was given to the appellant it would tantamount to leaving him (minor) at the mercy of his step-mother while the respondent (mother of minor) did not contract second marriage and gave her whole life for her son(minor)---There is no alternate to a lap of a mother and lap of step-mother cannot be its equivalent---Mother of minor is a natural guardian and has preferential right to be appointed as guardian of the minor until it is proved that welfare of the minor is not in living with his mother due to her involvement in immoral activities but in any other case she cannot be deprived from the custody of her minor son---Court below had appreciated every iota of evidence in a legal fashion and reached at a just conclusion, which did not suffer from any legal infirmity---appeal filed by father of minor was dismissed, in circumstances.

Muhammad Ashfaq vs Najma Bibi Ss — 2025 MLD 601 HIGH-COURT-AZAD-KASHMIR

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