Law:

Section:

(a) Guardians and Wards Act (VIII of 1890)--- ----S. 25---Constitution of Pakistan, Art.199---Constitutional petition---Custody of minors---Contest between mother and paternal uncles of minors---Application of mother for custody of minors from the brothers of her deceased/father of the minors (petitioners) was allowed by Family Court---Petitioners impugned the said order of Family Court---Validity---Paternal uncles could not look after children in a better way than the real mother---Contention of the petitioners that the deceased father had executed a declaration on stamp paper handing over custody to the petitioners was no ground to deprive a real mother from the custody of minors---Custody of minor could not be settled by a private compromise or even by arbitration and an agreement of such nature could not be enforced---Mere inability to maintain children was no ground for depriving mother from the custody of her children---Constitutional petition was dismissed, in circumstances. PLD 1970 Kar. 619; 1978 Law Notes SC 22 and 2004 YLR 641 rel. (b) Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction of High Court---Scope---Constitutional juris-diction of High Court was a discretionary jurisdiction, which was meant to foster justice and to remedy wrongs but could not be allowed to be invoked in the routine course so as to hamper the findings of fact correctly recorded by Courts below. ORDER AFTAB AHMED GORAR, J.---Through this constitutional petition the petitioners have impugned the Judgment dated 31-3-2011 passed by learned IIIrd Additional District Judge, Karachi West whereby he dismissed Family Appeal No.81 of 2010 filed by the petitioners against the Judgment dated 18-10-2010 passed by VIIth Civil and Family Judge, Karachi West whereby he allowed G & W Application No.1043 of 2009 filed by respondent No.1 for custody of minors Hasnain Shah, Asmat Shah and Sonia Shah. Brief facts of the case are that respondent No.1 Mst. Shabana filed application under section 25 of Guardians and Wards Act stating therein that she is real mother of three minors and was married with one Asif Shah, brother of the petitioners, who has since died and out of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492