Law:

Section:

Family Courts Act (XXXV of 1964)--- ----S. 5, Sched.---Application for guardianship by mother of minor daughter was concurrently granted---Visitation rights of father---Scope---Father had alleged that mother could not provide proper education to the minor---Welfare of minor---Scope---Petitioner/father contended that two courts below had not considered welfare of the minor as proper education was not likely to be provided to minor girl in the family of separated mother/respondent---Respondent/mother contended that she had been taking care of two elder daughters properly, concern for non-provision of education to third daughter had no basis---Validity---Record showed that respondent mother had alleged that petitioner had turned her out of the marital abode, with the two minor children while baby girl/ward remained with the petitioner---Petitioner/father though was willing to keep the baby girl, but did not show his eagerness to keep the other two daughters with him---High Court observed that it would be better for the sisters to live together instead of separating them from each other; in this way, they would be enjoying the company of their siblings and would grow up with a sense of sisterhood and a better understanding and harmony with each other---Education of a minor depended upon the maintenance provided by the father---If the petitioner/father was willing to provide a better education for his children, he might do so by bearing the cost of education of his choice---Petitioner/father could not establish that elder daughters were not getting proper education---If respondent/ mother was a good and proper person for keeping the custody of two daughters of the petitioner, she could also be a good and proper person for keeping the third daughter of the petitioner---Upbringing of girl child required that she would remain under the supervision of a matron and a mother was a natural matron for her children---Record showed that after the dissolution of marriage, respondent had not married again and could devote all her time for looking after and upbringing of her three daughters---Maintenance (kifalat) under Islamic Law was the responsibility of father while brooding…

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