Law:

Section:

Guardians and Wards Act (VIII of 1890)--- ----S. 25---Constitution of Pakistan, Art.199---Constitutional petition---Custody of minor---Welfare of minor---Statement of minor---Scope---Mother filed an application for custody of minor daughter staying with the father while father moved an application for custody of minor daughter staying with the mother---Both the applications for custody of minor daughters were dismissed concurrently---Validity---Guardian Court had emphasized upon the statement of minor daughter who was 11 years of age---Both the courts below had committed illegalities while relying upon the statement of minor daughter which was recorded on oath---Guardian Court was not competent to record the statement of a minor on oath who was not a witness and in a position to appreciate the legal implications---Minor was neither a witness nor she could be cross-examined by the other party---Minor daughter was mentally poisoned against her mother---Poisoning the mind of minor against her mother or father was itself a disqualification to retain the custody of minor---No one could be a better guardian and custodian of a minor than the real mother---Financial status of father did not give him any preference over the mother---Father was sole responsible to cater the needs of his children irrespective of their place of residence or custody---Togetherness of minor children could not be bifurcated and their welfare had to be taken into consideration---Impugned s passed by the courts below were suffering from misreading and non-reading of evidence---Both the courts below had committed the miscarriage of justice---Impugned s passed by the courts below were not sustainable in the eye of law which were set aside and application for custody of minor daughter moved by the mother was accepted---Father was directed to handover the custody of minor daughter to the mother and Guardian Court was directed to arrange fortnightly schedule of meeting of minor daughter with her father---Constitutional petition was accepted in circumstances. Tahira Bibi v. Muhammad Saeed and another 2009 MLD 33 and Muhammad Ashraf v. Mst. Farzana Bibi 1997 MLD 520 ref. Muhammad Ashraf v. Mst.…

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