Law:

Section:

Guardians and Wards Act (VIII of 1890)--- ----S. 25---Custody of minor and guardianship---Welfare of minor---Scope---Welfare of minor was the supreme object which had to be kept into consideration while deciding a case of guardianship and custody of ward---Maintenance of minor was a legal obligation of father---Mother had no means to maintain her minor son---Father as well as minor son were British national---United Kingdom was a welfare State and it could be legally presumed that State was responsible for welfare of its citizens---If father failed to fulfil his responsibility to maintain his minor son then State (UK) was there to fulfil its obligations---Parents of minor had entered into other marriages---Minor who was 8 years of age had a prospectus of getting better education in United Kingdom---Welfare of minor was in guardianship of his father---Guardian Court would be at liberty to get its order implemented---Appeal was dismissed in circumstances. ORDER AZHAR SALEEM BABAR, J.---Written arguments on behalf of the parties have been filed. The above titled appeal has been filed against the order passed by Guardian Judge Kotli dated 17-6-2015. 2. Facts of the case are that out of wedlock of Tahira Zaib and Ghaffar Ahmed, a child named Rehan was born. The wedlock came to a legal end and custody of minor son is now disputed between the parties. Ghaffar Ahmed, father, filed an application for custody of minor son whereas Mst. Tahira Zaib filed an application for cancellation of Guardianship Certificate in the name of Ghaffar Ahmed and another application for appointing herself as guardian of the minor son. After hearing the parties, learned Guardian Judge Kotli decided the case in favour of Ghaffar Ahmed by holding that he is the eligible/legal guardian of the minor child Rehan. It has further been concluded that Ghaffar Ahmed being father of the minor son has a better legal right for guardianship as compared to Tahira Zaib, the mother. 3. Arguments heard, record perused. It has been contended on behalf of Tahira Zaib, appellant, that her minor son has been living with her since his birth and is not even familiar with the father. It has further been contended…

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