Law: Guardians and Wards Act, 1890

Section: 25

Law: Family Courts Act, 1964

Section: 5,7(2)

Law: Constitution of Pakistan, 1973

Section: 15

(a) Guardians and Wards Act (VIII of 1890)--- ----S. 25---Custody of minor---Maintenance allowance, non-payment of---Misrepresentation and concealment---Petitioner was mother of minor who was aggrieved of concurrent s and decrees passed by two Courts below whereby custody of minor son was decided in favour of father of the minor---Validity---Father of minor himself was in defiance of maintenance decree of minor who had not been paying maintenance for the last three years---Question of welfare of minor was already adjudicated and settled by Guardian Court at place "K" and the same was upheld up to High Court---Jurisdiction at place "K" was in knowledge of father of minor who concealed all such factors from Guardian Court at place "I" and had re-agitated the matter at place "I" at old cause of action pertaining to year 2008, which was not permissible---Person who was guilty of misstatement, misrepresentation of facts and concealing previous proceedings, was not entitled to any relief as he was estopped by his words and conduct---Father of minor was under lawful obligation to regularly pay maintenance despite the fact that Guardian Court as well as Lower Appellate Court at place "I" passed concurrent findings in favour of the father but the same had not absolved him from payment of maintenance unless custody of minor was actually handed over to him---High Court set aside and decrees passed by two Courts below as father of minor was not entitled for custody of minor---Constitutional petition was allowed in circumstances. Major Muhammad Khalid Karim v. Sadia Yaqoob PLD 2012 SC 66 distinguished. (b) Guardians and Wards Act (VIII of 1890)--- ----S. 25---Constitution of Pakistan, Art. 15---Shifting of residence by Guardian of minor (mother)---Right to movement---Mother of minor has right to shift from one jurisdiction to another jurisdiction along with minor on the reasons of security, job or to look after her parents---Mother of minor is the best judge to decide such factors and no Court can put a clog in her right of free movement. THIS JUDGMENT DELIVERED BY: MOHSIN AKHTAR KAYANI, J.---- Through this writ petition, the petitioners have assailed the concurrent…

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