Law:

Section:

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---Primary consideration was welfare of minor while deciding the question of custody---Court should exercise its parental jurisdiction while handing over custody to the mother or father and should give due consideration to the welfare of minor---Father, in the present case, had not contracted second marriage who was retired person and was in better position to look after his children---Minors were happy, healthy, well adjusted, confident and emotionally stable while living with their father---Minors would be in a better position while living with their father instead of their mother and cousins---Constitutional petition was accepted and custody of minors was handed over to their father. ORDER M. SOHAIL IQBAL BHATTI, J.---This single order shall dispose of Writ Petition No.1443 of 2011 and Writ Petition No.1442 of 2011 as both the writ petitions are directed against a consolidated judgment and decree dated 24-5-2011 passed by the learned Addl. District Judge, Rawalpindi in which similar points of law and facts are involved. 2. Through these writ petitions the petitioner seeks indulgence of this court for setting aside the consolidated judgment and decree dated 24-5-2011 passed by the learned Addl. District Judge, Rawalpindi in which three appeals titled "Riasat Mehmood v. Mst. Nadia Parveen and others", "Mst. Nadia Parveen v. Riasat Mehmood" and "Mst. Nadia Parveen and others v. Riast Mehmood." were filed by the parties. 3. The brief facts given rise to the filing of these writ petitions are that respondent No.1 filed a suit for recovery of maintenance allowance and dower as well as the petition for custody of minors namely Kiran, Hamza and Ramaiz, who were reportedly living with the writ-petitioner. The learned Family Court vide consolidated judgment and decree dated 3-12-2010 did not allow the dower and maintenance allowance to respondent No.1 but monthly maintenance allowance at the rate of Rs.2000 p.m. was allowed to Rehan Ali minor and Rs.2500 p.m. was allowed to Iram Shehzadi minor from…

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