Section 17 of the Guardian and Wards Act, 1890 requires the Court to consider welfare of the minor while appointing a guardian keeping in view the age, gender and religion of the minor.

 2023 MLD 1000

Section 17 of the Guardian and Wards Act, 1890 requires the Court to consider welfare of the minor while appointing a guardian keeping in view the age, gender and religion of the minor. Undisputedly, the parties and the minors in the instant case are Muslims by faith. In Muhammadan Law, the mother is entitled to the custody (Hizanat) of her female children until they attained puberty.

It is settled law that mother of the minor girls is entitled to their custody unless there is anything available on record to disentitle her.