Law:

Section:

Guardians and Wards Act (VIII of 1890)--- ----Ss. 12 & 25---Constitution of Pakistan, Art.199---Constitutional petition---Interim custody of minor---Welfare of minor---Father filed application for custody of minor girl wherein temporary custody during summer vacation was urged which was dismissed by the Family Court---Father was lawful guardian of his minor child and was ordinarily entitled to his custody provided such was for the welfare of the minor---Right of father to claim custody of minor was not an absolute right and he might disentitle himself to custody on account of his conduct---Custody of minor child, in the present case, was given to the applicant time and again but no complaint was available on record regarding misbehaviour or taken undue advantage of the court's orders---Father and mother both were working parents, therefore, had equal right to have temporary custody of minor---Applicant was depositing maintenance of the child regularly fixed by the Trial Court---Minor daughter was in her tender age and she required love and care of both the parents---Father was entitled to spend some time with her daughter at his house during summer vacations---Applicant had contracted second marriage, however his wife had filed her affidavit to the effect that she had love and affection for minor and would not cause harm to her---Father sought interim custody of minor during winter vacations which was granted but same was refused for summer vacations---Family Court, by refusing the temporary custody, misconstrued the application of father---Constitutional petition was allowed with certain modifications. ORDER SYED HASAN AZHAR RIZVI, J.--- By this petition, under Article 199 of the Constitution of Islamic Republic of Pakistan, the petitioner prayed for the following reliefs:--- '(A) Allow the petitioner to take temporary custody of the minor child Iraj Imran during her summer vacations from School i.e. from 15 June, 2013 till 15 August, 2013 as the petitioner being the sole legal guardian is entitled to spend exclusive time with his daughter. (B) Modify the impugned order sated 31-5-2013 allowing custody of the minor to the petitioner during her summer…

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