Law: Guardians and Wards Act, 1890

Section: 7

Law: Constitution of Pakistan, 1973

Section: 185(3), 199

Guardians and Wards Act (VIII of 1890)-------S. 7---Constitution of Pakistan, Arts. 185(3) & 199---Appointment of guardian of minor girl aged 12/13 years---Contest between a beggar and blind mother of minor and an issueless person (a retired Army personnel) in whose care mother had given minor---Order of Guardian Judge accepting mother's application modified by Additional District Judge in appeal directing minor to be kept in Darulaman till attaining age of majority---High Court, in constitutional petition filed by such person upheld order of Guardian Court---Validity---Such person and his three brothers were issueless---Mother herself had given minor in care of such person, who was looking after minor as his own daughter---Mother being blind and a beggar not having fixed abode and definite source of income could not bring up minor properly---Living of minor with her mother would not in such circumstances be in welfare of minor---Minor present in Supreme Court appeared to be a confident and well-groomed child---Minor stated in court that she was studying in VI Class and had passed her examinations with distinction---Minor further stated in court that such person was bringing her up as his own child and she was quite happy in living with him---Minor needed proper upbringing and education, which opportunity would not be available to her while living in Darulaman---Such person had acted like a de fecto guardian of minor and he could be expected to continue behaving as such in future---Minor's continued living in Darulaman as directed by Additional District Judge and upheld by High Court would not be conducive to her welfare---Supreme Court set aside impugned orders, accepted application of such person while directing him to produce minor in Family Court concerned on first working day of every month and such court would satisfy itself about maintenance and upbringing of minor, and in case of any doubt Family Court would submit its report to Registrar for an appropriate action by Supreme Court---Supreme Court further directed such person to allow mother as per her desire to meet minor.Muhammad Tahir Chaudhry, Advocate Supreme Court and Mehmood-ul-Islam,…