Law:

Section:

Guardians and Wards Act (VII of 1890)------S. 25---Constitution of Pakistan (1973), Art.199 --- Constitutional petition---Custody of minor ---Welfare of minor---Petitioner (father of minor) who was living abroad contended that he had got his visa cancelled and ire had decided to settle down in Pakistan---Such fact alone was not to be kept in mind while deciding question of welfare of minor---Custody of minor, who was living with his mother, since his birth, could not be handed over to an alien father who at the fag-end had decided to settle in Pakistan---Past conduct of parties had to be evaluated while deciding sensitive issue of custody of minor---Father was abroad when minor was born and he had not paid a single penny to wife as maintenance allowance since birth of the child---Father had no knowledge as to the details of education of the minor--­Father himself was not a properly educated person and was ignorant about educational qualification of his wife---Father had filed application for custody of minor as a counterblast and not for any love and affection for the minor as wife had already filed suit for maintenance against him---Courts below in circumstances, had rightly decided that welfare of minor lay in allowing custody of minor with mother of minor. Lt: Col. (Retd.) Ijaz Ali Khan v. Mst. Shaheen and 2 others 1993 CLC 2088; Muhammad Afzal v. Mst. Sameena Akhtar and another 1995 CLC 1519 and Syed Ali Mehdi v. Baqar Ali Rana, Additional District Judge, Islamabad and 2 others 1998 MLD 1003 ref. ORDER Instant writ petition is directed against the judgment, dated 17-5-1999 passed by the learned Additional District Judge, Rawalpindi, whereby he confirmed the judgment, dated 13-12-1997 passed by the learned Guardian Judge, Rawalpindi. 2. Briefly stated the facts are that the petitioner moved as application under section 25 of the Guardians and Wards Act for the custody of minor, namely, Abdul Rehman alias Haider Rashid, aged about 4 years. The said application was resisted by the respondent. Divergent pleadings of the parties gave rise to the following issue:, (1) Whether it is in the welfare of the minor to hand over his custody to the petitioner? OPP (2)…

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