Law: Guardians and Wards Act, 1890

Section: 25

Law: Constitution of Pakistan, 1973

Section: 199

Guardians and Wards Act (VIII of 1890)--- ----S. 25---Constitution of Pakistan, Art.199---Constitution petition---Custody of minor---Surrogate mother, right of---Petitioner sought custody of minor on the plea that he was father of the minor and alleged that respondent was only a surrogate mother---Validity---Petitioner did not take a stance that he himself transplanted fertilized egg into the womb of respondent and asserted that it was some third person who did it---Petitioner did not produce the third person in witness box thus case of subrogation was not proved---Law in Pakistan did not recognize surrogation and even if it was recongized law of land and transplantation of fertilized egg was proved, there was no evidence that sperm that fertilized the egg, originated from petitioner---Petitioner had no right over the child not born in consequence of a lawful marriage---Whether marriage was established or not, the child belonged to the bed---Adulterer might be convicted and punished but custody of child would go to mother who housed the fetus for nine months---Baby was born to respondent and her motherhood was undeniable---Petitioner whether he was or was not, the father of child through marriage or the source of sperm that fertilized the egg, had no right to the custody of minor girl---Both the courts below had legally refused petitioner, the custody of minor child---Petition was dismissed in circumstances. Mst. Razia Bibi v.Riaz Ahmad and another 2004 SCMR 821 rel. ORDER IJAZ AHMAD, J.---Through this constitutional petition, the petitioner impugns the orders dated 24-12-2011 and 12-5-2012 passed by the learned Guardian Judge/Senior Civil Judge, Rawalpindi and the learned Additional District Judge, Rawalpindi respectively, dismissing the application of the petitioner made under section 25 of the Guardians and Wards Act, 1890 and the appeal preferred by him. 2. The petitioner claims to have fathered a female child Fatima Siddiqui born on 13-2-2005 by Farzana Naheed. The latter left the new born child with the petitioner and disappeared. She later on made an application under section 491, Cr.P.C. for the recovery of the child. The child was handed over to…

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