JUMA KHAN vs Mst. GUL FEROSHA — 1959 PLD 205

Citation: 1959 PLD 205

Court: Peshawar High Court

Year: 1971

Decision Date: 1971-07-09

Parties: JUMA KHAN vs Mst. GUL FEROSHA

Headnotes

Case cited as PLD 1959 Lah. 205

Judgment Text

Court Name: Peshawar High Court Judge(s): Shah Zaman Babar Title: JUMA KHAN vs Mst. GUL FEROSHA Case No.: First Appeal from Original Order No. 22 of 1970 Date of Judgment:1971-07-09 Reported As: PLD 1972 Peshawar 1 Result: A. JUDGMENT JUDGMENT SHAH ZAMAN BABAR, J.----This is an appeal by Juma Khan applicant-appellant from the order dated 7-10-70, whereby the Senior Civil Judge, Kohat, has refused to make an order for the return of Sadullah Khan and Munawar Khan, minor sons of the appellant, to his custody, from the custody of their mother Mst. Gul Farosha respondent, under section 25 of the Guardians and Wards Act. 2. From the record of the case in hand, case No. 33/4 decided on 18-5-1970 under section 488, Cr. P. C. And the present appeal file, the resume of the facts of the case are given below Mst. Gul Farosha was married to Juma Khan appellant, about 20/22 years back. The pair have Nadir Khan, aged about 16/17 years, Sadullah Khan aged about 12 years, Mst. Jamsheda, aged about 10 years, and Munawar Khan, aged about 7/8 years, as their issues. The parents and the children lived together in village Banda Garhi Nawaz Khan, Tehsil and District Kohat. About 7/8 years back Juma Khan married a second wife. The second wife also has children. Mst. Gul Farosha with her children and her co-wife with her children were occupying separate kothas in the same house. In the month of September 1969 there was a separation between Juma Khan and Mst. Gul Farosha. Mst. Gul Farosha along…

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