Law: Guardians and Wards Act, 1890

Section: 25

Guardians and Wards Act (VIII of 1890)--- ----S.25---Suit for custody of minors by father---Welfare of minors---Prime consideration---Father contended that minors were not being brought up and educated properly and that he being a teacher himself was entitled to the custody of the minors---Mother contended that welfare of minors was in living with the mother---Validity---Parties had produced evidence in support of their claims, however, no convincing material was produced which could entitle the father for custodyof minors---High Court observed that the change of custody from mother to father would adversely affect the emotional well-being of the children and that sympathies of the children tilted in favour of mother as a natural phenomenon---No extraordinary reason was available to believe that the welfare of the minors was in granting the custody to the father---Removal of custody from mother would have negative impact on mental and psychological condition of the children---Minors would be deprived of an atmosphere where they were being educated in a much better way and advanced educational facilities were available in urban area where the mother was living along with children---Two Courts below had rightly come to the conclusion that welfare of the minors lay in the custody of mother---Constitutional petition was dismissed accordingly. THIS JUDGMENT DELIVERED BY: MUDASSIR KHALID ABBASI, J.--- Through this petition under Article 199 of the Constitution, petitioner has challenged the legality of judgment and decree dated 02.06.2015 passed by learned Judge Family Court, Sahiwal/respondent No.2 and judgment and decree dated 14.05.2016 passed by learned Additional District Judge, Sahiwal/respondent No.3. 2. Brief facts of the case are that petitioner filed an application for custody of Muhammad Usman aged 14 years, Muhammad Nauman aged 12 years, Muhammad Salman aged 9 years, Muhammad Hassaan aged 6 years and Afra Ayesha aged one year against respondent No.1 before respondent No.2 which was dismissed vide impugned order dated 02.06.2015. Feeling aggrieved, petitioner preferred an appeal before learned Additional District Judge, Sahiwal/ respondent No.3 which was…

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