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Judgments on s.25, Guardians and Wards Act 1890 (2026)
Pakistani court judgments that consider s.25, Guardians and Wards Act 1890, summarised in plain English, newest first. Each gives the issue, what the court held and what it means in practice, and is reviewed by an advocate.
5 judgments
A QR-verifiable CFMS copy did not satisfy the certified-copy rule in a guardian appeal
Sadam Hussain v. Mst. Shahneela and others
Issue: Does a digital copy of a Family Court order downloaded from the court's Case Flow Management System (CFMS), verifiable by QR code,…
Held: No. Rule 22(3) of the Family Court Rules 1965 expressly requires a certified copy, and a CFMS copy does not meet it even though it can be authenticated by QR code. But because the appellate court did not object at…
Art. 199, Constitution of Pakistan 1973r.22(1), Family Courts Rules 1965r.22(3), Family Courts Rules 1965s.25, Guardians and Wards Act 1890
A child’s preference must be heard, but within the whole welfare inquiry
Kashif Mehmood v. Saadia Fida etc.
Issue: How much weight should a court give a child's own preference in a custody case?
Held: A child capable of forming an intelligent preference must be meaningfully heard, but that preference is weighed with the child's existing care, education, stability and overall welfare rather than treated as a binding or isolated choice. Maternal custody and the…
s.17, Guardians and Wards Act 1890s.25, Guardians and Wards Act 1890
Structured overnight visitation: a practical Sindh High Court model
Aijaz-ur-Rehman v. Mst. Naila and others
Issue: What contact should a father have with a seven-to-eight-year-old daughter in her mother's custody, where the courts below allowed only two three-hour…
Held: Drawing on the eleven conditions in Madiha Younus v. Imran Ahmed (2018 SCMR 1991), so far as the mother agreed, the Court kept custody with the mother but gave the father an overnight stay on the first Saturday of every…
Art. 199, Constitution of Pakistan 1973s.10, Guardians and Wards Act 1890s.25, Guardians and Wards Act 1890s.7, Guardians and Wards Act 1890
Children taken by force are returned to the mother pending the Guardian Court
Naseem Bibi v. Addl. Sessions Judge Sheikhupura and four others
Issue: Can a Sessions Judge refuse a mother's section 491 petition only because her children (about 16, 11 and 9) are not of…
Held: No. Section 491 also covers custody that is 'improper', and the remedy is not barred because the Guardian Court is available. The mother came to court at once alleging the father had forcibly taken the children from her on 20…
Art. 199, Constitution of Pakistan 1973s.17, Guardians and Wards Act 1890s.25, Guardians and Wards Act 1890s.491, Code of Criminal Procedure 1898
A father who already has the children can still ask to be declared their guardian
Fareha v. Asad Bashir etc.
Issue: Can a father, as natural guardian with physical custody of his four daughters, petition under section 7 of the Guardians and Wards…
Held: Yes. Section 7 speaks of both appointing and declaring a guardian, recognising that a person may already be guardian in law yet seek formal affirmation; section 19(b) limits the court's power but does not bar a natural guardian from applying.…
Art. 199, Constitution of Pakistan 1973s.19, Guardians and Wards Act 1890s.25, Guardians and Wards Act 1890s.7, Guardians and Wards Act 1890