Law: Guardians and Wards Act, 1890

Section: 25

Law: Guardians and Wards Act, 1890

Section: 25

Guardians and Wards Act (VIII of 1890)-------S. 25---Custody of minor son and daughter---Contest between father having second wife and real/divorced mother of minors---Father had children from second wife---Minors' mother had not contracted second marriage, rather wanted to devote her entire life to the minors---Mother was seeking custody of minors for their physical well-being and curriculum activities---Mental health of minors would be of paramount importance for their balanced personality---Possible preferential attitude of step-mother towards her real children would develop a sense of deprivation to step-minors---Nothing would match to pure love and affection of a real mother, thus, minors should not be deprived from her love and care---Custody of children under law was indefeasible right of real mother as compare to father being a natural guardian---Mother was serving as Executive Manager in a hotel, having sound financial position to meet needs of minors---­Father's application seeking custody of minors was dismissed in circumstances. JUDGMENT AZMATULLAH MALIK, J.--- Through the instant writ petition, the petitioner has impugned the judgment and order dated 30-3-2009 of learned Additional District Judge-II, Mardan whereby the order/judgment passed by Judge Family Court-VII/Guardian Judge, Mardan vide order dated 7-4-2008 was upheld. 2. The respondent No.1 brought an application under section 25 of Guardians and Wards Act, 1890 before the Family Court, Mardan for the custody of two children namely Rashna Arif and Haider Arif (daughter and son of defendant No.1) and the petitioner contested the suit by filing written statement where after recording of pro and contra evidence the trial court decreed the suit in favour of respondent. Feeling aggrieved from the said order the petitioner preferred appeal whereupon impugned judgment was passed by learned ASJ-II, Mardan. 3. Counsel for petitioner contended that that two children named above were born from the wedlock of petitioner and respondent No.1 and unfortunately the married life of couple spoiled and marriage tie was broken culminating into divorce announced by the petitioner by sending a divorce deed to…

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