Law:

Section:

Guardians and Wards Act (VIII of 1890)--- ----S. 25---Constitution of Pakistan, Art. 199---Constitutional petition---Application for custody of minor---Father filed application for custody of minor son on the ground that he could provide best health and education to him as compared to the mother---Application for custody of minor was dismissed concurrently---Validity---Father did not meet the minor son from the time of separation---Application for custody of minor by father was moved subsequent to the suit filed by the mother for maintenance allowance---Father had least interest in the welfare of minor and he had filed present petition just to avoid payment of maintenance allowance to the minor---Minor was living with his real mother since from his birth and she had not contracted second marriage for the sake of minor---Minor was enjoying good health and he could not be left in solitude or with his step mother as father remained outside the house for the whole day in pursuit of earning his livelihood---Step mother could not be given preference over real mother---Father was legally and morally bound to maintain the minor even he was residing with her mother---Mother could not be deprived of the custody of minor on the pretext of having limited sources---No illegality or irregularity had been pointed out in the impugned orders---Constitutional petition was dismissed in limine. THIS ORDER PASSED BY: MUHAMMAD FARRUKH IRFAN KHAN, J.--- Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner calls in question the validity of the judgments dated 8-5-2012 and 28-11-2012 passed by the learned courts below. Through the former the learned Guardian Judge, Sialkot dismissed the application of the petitioner for custody of minor son namely Taha and through the latter learned Addl. District Judge, Sialkot dismissed his appeal filed against the order of the learned Guardian Judge. 2. Facts of the case in brief are that the petitioner filed application for custody of aforesaid minor inter alia on the grounds that respondent No.3 is not looking after the minor properly and gradually putting hatred in his mind against the…

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