Law: Guardians and Wards Act, 1890

Section: 25

Guardians and Wards Act (VIII of 1890)--- ----S.25---Custody of minor---Welfare of minor---Re-marriage of mother---Visitation---Conduct of father---Non-payment of maintenance allowance---Effect---Petitioner/mother assailed the order of Appellate Court whereby permanent custody of minor was given to the father/respondent---Appellate Court had granted the permanent custody of minor to the father on the sole ground that the mother had remarried and was now living with her second husband---Validity---Held; such ground could have been applied had the subject minor been a girl---No other justifiable reason was assigned by the Appellate Court for granting permanent custody of a male minor of tender age to his father---Observation of Family Court regarding the conduct of father being negligent and mala fide, was apparent in view of his continuous absence at the time of visitation ordered by the Family Court, impounding and blocking of his CNIC by Family Court and issuance of his non-bailable warrants by the Judicial Magistrate---Father had not complied with the decree of maintenance passed by Family Court in favour of the subject minor---Grant of permanent custody of minor to respondent/father was not in the interest and welfare of the minor---Respondent was, however, granted right of visitation, subject to certain conditions---Constitutional petition was allowed, in circumstances. THIS ORDER PASSED BY: NADEEM AKHTAR, J.---- G&W Application No.892/2015 filed by respondent No.1 / father against the petitioner / mother in respect of their minor son Maaz proceeded ex-parte against the petitioner and was eventually disposed of by the learned Family Court vide ex-parte order dated 18.05.2016 in the following terms : "15. Seeking guidance from the above mentioned case law and for the above reasons and discussion, I am of the view that disturbing the custody of minor at this stage would not be in the welfare of minor, as the same may disturb him mentally and physically which can ultimately cause loss in his educational life and as already discussed above, the conduct of applicant appears to be negligent and malafide therefore the application for permanent custody of minor…

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