Law:

Section:

Guardians and Wards Act (VIII of 1890)--- ----S. 25---Suit for guardianship of minors by father---Mother had contracted second marriage--- Non-impleadment of maternal grandmother as necessary party---Effect----Welfare of minors---Consideration---Mother of minors contended that father of the minors had not impleaded maternal grandmother who was proper and necessary party when mother had remarried---Father contended that Family Court had granted guardianship to him on merits---Validity---While considering the custody of minor children of the estranged and or/divorced parents, the welfare of the minors was of prime consideration---Mother had contracted second marriage and the daughter had almost reached the age of puberty hence, under the circumstances, mother would loose her right of Hizanat---Appellate Court, while allowing appeal of father, had discussed the evidence led by the parties in detail and had rightly come to the conclusion that the welfare of children was that they should live with their father---Mother was unable to point out any misreading or non-reading of evidence on the part of the Appellate Court---Contention of the mother that maternal grand - mother was proper and necessary party where the mother had lost her right of Hizanat, was without substance---Where the father was capable of looking after the minors being the natural guardian, there was no justification for handing over the custody of children to the maternal grandmother---No illegality or infirmity having been noticed, constitutional petition was dismissedop accordingly. Mrs. Seema Chaudhry and another v. Ahsan Ashraf Sheikh and others PLD 2003 SC 877; Shabana Naz v. Muhammad Saleem 2014 SCMR 343; Mst. Ammara Waseem v. Syed Khawar Hussain and another 2011 SCMR 148; Mst. Nazir v. Hafiz Ghulam Mustafa and others 1981 SCMR 200; Riasat Mehmood v. Mst. Nadia Parveen and another 2014 MLD 374; Mst. Ayisha Bibi v. Safdar Ali Shah and another 2005 CLC 894 and Dr. Ruqia Shaukat v. Addl. District and Sessions Judge and others 2003 CLC 1310 ref. THIS JUDGMENT DELIVERED BY: AAMER FAROOQ, JUSTICE:---.--- Through the instant petition, under Article 199 of the Constitution of Pakistan, 1973, the…

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