Law:

Section:

Guardians and Wards Act (VIII of 1890)-------Ss. 17 & 25---Constitution of Pakistan, Art.199---Constitutional petition---Custody of minor---Welfare of minor---Application by mother of minor girl for custody was accepted by the Trial Court---Appeal filed by the father of the minor against of the Trial Court had been dismissed by the Appellate Court---Validity---Marriage between father and mother of the minor had been dissolved on the ground of Khula and mother after dissolution of marriage had contracted second marriage, whereas father had not---Female minor aged 10 years was a `special person' and also had kidney problem---Treatment of minor required huge expenses; and mother of minor neither herself nor her parents, were in a position to provide for medical expenses of the minor---Minor was in the custody of her father, who had been providing her all medical facilities---In appointing the guardian of the minor paramount consideration for the court should be welfare of the minor---Court must see as to who was the most likely to contribute to the well being of the minor and who would be in better position to look after and take care of the minor---In the present case, father had been providing special care to her minor daughter; and he was in a position to bear the expenses as well---Concern which the father had shown, had proved that he loved his daughter and would definitely look after the minor in a much better way than the mother---Mother of the minor who had contracted second marriage with a stranger, would remain dependant upon her second husband, who could not provide maintenance and care to the minor---No reasons existed to disentitle the father for custody of the minor---Judgments of the two courts below were set aside and father who was natural guardian of the minor, was declared as entitled to the custody of minor. Khurram Mahmood Qureshi for Petitioner. Ahmad Nawaz Bhatti for Respondent No.3. Date of hearing: 23rd February, 2011. JUDGMENT RIAZ AHMAD KHAN, J.--- Facts constituting the background of the present petition are that petitioner Khalid Mahmood married Mst. Shazia. Mushtaq/respondent No.3 on 30-10-1999. Out of the wedlock a daughter…

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