Law: Guardians and Wards Act, 1890

Section: 17,25

Guardians and Wards Act (VIII of 1890)--- ----Ss. 25 & 17---Custody of minor---Welfare of minor---"Intelligence preference" of minor---Scope---Petitioner/mother filed petition for custody of minor daughter whereas father moved application for appointment as guardian---Petition for custody of minor daughter filed by the mother was dismissed whereas father's application for appointment of guardian was allowed--- Validity--- Paramount consideration while deciding application for custody of minor was welfare of minor and nothing else---Character and capacity of proposed guardian as well as age and sex were important factors to be considered while determining the welfare of minor---Courts below summoned the minor for the purpose of "intelligence preference" and she denied to have company with the petitioner mother and showed her willingness to reside with her father---Courts below had rightly concluded that petitioner mother was not entitled to the custody of minor daughter and respondent father was entitled to retain her custody as he had sound financial status---Respondent father was looking after the minor properly---Petitioner mother of minor daughter was entitled for visitation rights---No illegality or jurisdictional error had been pointed out in the impugned orders passed by the Courts below---Constitutional petition was dismissed, in circumstances. Mehmood Akhtar v. District Judge, Attock and 2 others 2004 SCMR 1839 rel. THIS JUDGMENT DELIVERED BY: SHAHID BILAL HASSAN, JUSTICE:---.--- This single judgment will dispose of the captioned constitutional petition as well as connected W.P.No.7657 of 2017, as in both one and same judgment has been impugned. 2. Precisely, Mst. Ayesha Abdul Maleek (hereinafter called as "petitioner") filed an application under section 25 of the Guardians and Wards Act, 1890 with the assertion that the marriage between the petitioner and Naeem Hassan Gill (hereinafter called as "respondent") took place on 27.01.2006 and out of the wedlock a female minor namely Waniya Naeem Gill was born, who was aged 10 years at the time of filing of the application and was in custody of the respondent; she contended that welfare of the minor lies…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492