Law: Guardians and Wards Act, 1890

Section: 12,25

Guardians and Wards Act (VIII of 1890)--- ----Ss. 12 & 25---Application for guardianship by father---Visitation rights---Scope---Petitioner/mother contended that the respondent/father was not entitled to visitation rights allowed by the two Courts below---Respondent contended that though the Trial Court had declined his guardianship application but he, being father, was at least entitled to periodical visitations---Validity---Respondent was real father of minors and his visitation rights involved the rights of minors towards their father---Fatherly supervision, channeling their activities, would be beneficial for the welfare of the minors, which could not be denied---Respondent, undisputedly, had been providing maintenance to the said minors---High Court observed that petitioner, patently, had attempted to deprive the respondent (father) of his love and affection with his children by filing present petition seeking permanent detachment of the respondent/father from his children just to satisfy her ego, which would also deprive the children of their rights towards their father---No illegality or infirmity having been noticed in the impugned orders passed by two Courts below, constitutional petition was dismissed accordingly. THIS JUDGMENT DELIVERED BY: KHADIM HUSSAIN M. SHAIKH, J.--- Through this petition, the petitioner Mst. Hira has called in question the judgment dated 23.05.2018 passed by the learned 7th Additional District Judge, Hyderabad in Family Appeal No.29 of 2018 re: Mst. Hira v. Muhammad Arif, whereby the said appeal was partially allowed. 2. Briefly, the facts of the case are that the petitioner Mst. Hira and the respondent No.2 Muhammad Arif got married on 25.05.2012 and after Rukhsati they started living together. Out of this wedlock, they were blessed with two children namely baby namely Dua and Muhammad Aashir, who are now aged about 5 years and four years respectively and are living with the petitioner. Afterwards, due to dispute arose between the parties, the petitioner leaving the house of the respondent No.2, is residing with her parents in Sachal Sarmast Colony SITE area, Latifabad, Hyderabad. The respondent No.2 Muhammad, Arif filed…

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