Law:

Section:

(a) Guardians and Wards Act (VIII of 1890)--- ---S. 25---Constitution of Pakistan, Art.199---Constitutional petition---Scope---Application for custody of minor---Welfare of minor---Scope---Father filed application for custody of minor daughter on the ground that welfare of minor was her custody with him and mother of the minor had contracted second marriage with a person who was not related to the minor within the prohibited degree---Application for custody of minor was dismissed concurrently---Validity---Mother of minor daughter had contracted second marriage and father-petitioner had also contracted second marriage and had got two daughters from second wife---No evidence was on record that second husband of mother of minor was not from the brotherhood of minor and did not fall within the prohibited degree---Minor was enjoying good health and she was being brought up and educated properly---Step-mother could not be a substitute for real mother---Welfare of minor was with her custody with mother---High Court did not interfere with the findings of facts recorded by the courts below when such findings were reasonable and were not arrived at by disregarding any provisions of law or any accepted principle concerning appreciation of evidence---Constitutional jurisdiction was discretionary in nature and who sought equity must come with clean hands---No infirmity or illegality had been pointed out in the impugned s---Constitutional petition was dismissed in circumstances. Mst. Ayisha Bibi v. Safdar Ali Shah and another 2005 CLC 894; Mst. Shumaila Akhtar and 2 others v. Abdur Rauf and 2 others 2004 YLR 1913, Mst. Amir Ali and another v. Ahmad Ali 1998 CLC 846; Faiz Bakhsh v. Mst. Sakina 1980 CLC 1989; Mst. Nazir v. Hafiz Ghulam Mustafa and others 1981 SCMR 200; Mst. Ruqayya Bibi v. Noor Akbar and 3 others PLJ 1984 Lah. 322 and Mst. Parveen Akhtar v. Muhammad Ashraf 1986 SCMR 1944 ref. Mst. Ayisha Bibi v. Safdar Ali Shah and another 2005 CLC 894; Mst. Shumaila Akhtar and 2 others v. Abdur Rauf and 2 others 2004 YLR 1913, Mst. Amir Ali and another v. Ahmad Ali 1998 CLC 846; Faiz Bakhsh v. Mst. Sakina 1980 CLC 1989 and Mst. Ruqayya Bibi v. Noor Akbar and 3 others PLJ 1984…

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