Law: Guardians and Wards Act, 1890

Section: 25

Law: Constitution of Pakistan, 1973

Section: 199

Guardians and Wards Act (VIII of 1890)--- ----S. 25---Constitution of Pakistan, Art.199---Constitutional petition---Application for custody of minor---Welfare of minor---Scope---Second marriage of mother of minor---Effect---Father filed application for custody of minor daughter on the ground that her mother had contracted second marriage and it was settled between the parties that in such situation the mother would hand over the custody of minor to him---Application for custody of minor was dismissed by the Guardian Court but same was accepted by the Appellate Court---Validity---Father neither made any effort for meeting with the minor daughter prior to filing of such for recovery of maintenance allowance by the mother nor he paid any maintenance to her--Father admitted at the time of evidence that it was settled between the parties at the time of divorce that he would not demand the custody of minor---Father had no interest with the welfare of minor and he filed application for her custody in order to avoid the payment of maintenance allowance to her---Father was accused of a criminal case of heinous nature and he remained behind the bars---Minor was growing up properly in the custody of her mother and she was getting education in a private school---Minor was living with her mother since her birth and in such part of her age she would require company of real mother for her certain personal needs and she could not be left at the mercy of a step mother---Nothing was on record to establish that education or health of minor was suffering due to financial inability of mother to maintain her---Father was legally and morally bound to maintain minor even if she resided with her mother---Mother could not be deprived of the custody of minor on the pretext of having limited source---Father had also contracted second marriage out of which he had two children---No evidence was on record that present husband of mother of minor was adverse in keeping her in his home---Second marriage of mother would not ipso facto disentitle her from retaining custody of minor children and handing them over to the father when it was not otherwise in the welfare of minor---Prime consideration…

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