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1988 Supreme(AP) 200

S.S.M.QUADRI
Mohd. ZAFARULLAH KHAN – Appellant
Versus
YASMEEN – Respondent


S. S. M. QUADRI, J.

( 1 ) THIS Civil Revision Petition raises a question which is more often arising as a product of the present modem society the litigation for custody of minor children in broken marriages, which ensues the dissolution of marriage between the father and the mother and has impact of far reaching consequences on the psychology and sentiments of the unfortunate children, changing their course of life which results in depriving them of either the paternal or the maternal company and affection and thus leaving them in a quandary. The delicate task of evolving a solution to this multi facet human problem from the stand point of what is for the welfare of the minor in accordance with the provisions of the Guardians Wards Act (for short the act ), in the circumstances of each case, is entrusted to the Courts for passing a guardianship order or temporary custody and protection order.

( 2 ) THE facts of this case He in a narrow compass and are not in dispute. The petitioner and the respondent are Hanafi Muslims. They were married according to Hanafi law in 1977. During wedlock two daughters named Sara Khan now aged about 9 years 4 months and Sana Khan (Asma) now aged 5 yea








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