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YLR
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Jawad
Law Chamber
----S.491---Habeas corpus petition-.-Custody of minor girl---Paternal grand parents of the minor girl had no right of her custody in the absence of her, father and any disqualification of her mother---Mother under the law had the right of "Hazanat" of her minor daughter till attaining of puberty unless she was disqualified by second marriage or otherwise---Mother (petitioner) had not contracted second marriage after the death of her husband and was not disqualified on any other ground---Custody of the grand parents (respondents) of the nine years old minor girl, thus, was illegal and improper---Best nourishing school for the girl was the lap of her mother and none else could train her better than her mother in day to day worldly affairs of life---Minor girl was about to enter in a sensible era of her life and at this juncture her mother's supervision was inevitable for her---Petitioner could not be deprived of her right of "Hazanat" and custody of her minor daughter was handed over to her accordingly.
Naqvi, J. 2005, YLR, PLD Publishers ,Lahore, Lahore.
2005 Y L R 2414.doc