KARAM ELAHEE CHAUHAN, J.-Hafiz Ghulam Mustafa respondent filed an application under section 25 of the Guardians and Wards Act VIII of 1890, for return of the custody of his minor daughter Mst.
Shamim Mai (now aged about 8 years). The application was accepted by tile learned Guardian Judge by his order dated 4-6-1979, who directed the petitioner, who is a divorcee of Ghulam Mustafa to return the custody of the child to him.
2. The petitioner filed an appeal being F.
10. No. 203/79 but without any success as the same was dismissed by the High Court on 10-12-1979.
3. The petitioner has now come up in petition for special leave to appeal against the same to this Court.
4. It is conceded before us that after the divorce, the petitioner ha married another husband and is living with him. It is also conceded that from the new wedlock the petitioner has a son. In these circumstances it is obvious that the custody of minor daughter of the petitioner from her previous wedlock with Hafiz Ghulam Mustafa cannot bf given to her because in the very context hereinbefore mentioned, it will amount to placing the minor in the custody of a new husband of the petition; who does not fall within a prohibited degree to the ward. Another thing to be taken note of is that Mst. Nazir, petitioner at the time of taking divorce from the previous husband voluntarily agreed to surrender the custody of Mst. Shamim Mai to him after five years. This agreement in the overall context explained above, in our opinion, is in the welfare of the minor and the circumstances of this case, we do not find any justification to ignore it. The orders of the Courts below contain sound reasons in their support, and as the learned counsel has not been able to point out any factual or legal errors therein, or violation of any principle of law, in our opinion it is not a fit case for grant of leave to appeal.
5. The result is that this petition has no merits and is dismissed.