Law:

Section:

Constitution of Pakistan--- ----Art.199---Constitutional petition---Recovery of minor/detenu---Minor given into custody of relatives (foster parents) being claimed back by her real parents after lapse of many years---Not justified---Welfare of minor of prime consideration----Personal preference of minor to be given weight (mother of minor) gave custody of minor girl to her sister and respondent (brother in law of petitioner) 's sister passed away and respondent contracted second marriage with a woman who already had two sons---Contention of petitioner were that her minor daughter had to live with the two sons of respondent's second wife, who were strangers to the minor and she could not be permitted to live in such company---Validity---Custody of minor could be delivered by the court only in the interest and welfare of minor and not the interests of the parents---Minor had been in the care of respondent since she was two and a half years old and petitioner had never bothered to share any responsibility in her upbringing---Minor was a brilliant girl who was getting education in a well reputed educational institution---Minor stated that two sons of respondent's second wife were living in a different city and not with her; that she lived at her family home with respondent and his second wife; that her real mother (petitioner) was a stranger to her, and that she always treated the respondent as her father and felt comfortable living with him and his second wife---Respondent had stated that he considered the minor as his real daughter and had devoted his remaining life to her welfare; that he had contracted second marriage only for her welfare so as to provide her the company of an experienced lady, and that two sons belonging to his second wife were not living with the minor had never taken any interest in the welfare of the minor---Preference of minor had to be given weight and she had categorically preferred to live with the respondent instead of her real mother (petitioner)---Shifting custody of minor to the petitioner in circumstances would be against her welfare---Petition was dismissed in circumstances. Mst. Nighat Firdous v. Khadim Hussain 1998 SCMR 1593 and…

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