Law:

Section:

Guardians and Wards Act (VIII of 1890)--- ----S. 25---Application of father for custody of his minor daughters---Re-marriage of mother of minor daughters ---Entitlement of mother for retaining custody---Scope---Poor financial status of mother---Effect---Welfare of the minor---Scope---Petitioner/father contended that two courts below had wrongly granted the custody of minor daughters to the mother as she had contracted second marriage with a stranger to the minors---Mother contended that there was no substitute to real mother---Validity---Record revealed that father filed application for custody of minors after fixation of maintenance allowance by the Court against him, therefore, he filed the present application to frustrate the decree of maintenance allowance ---Evidence showed that mother had been upbringing minor daughters well since their birth who were studying in a private school---Mother was an educated lady; there was no substitute of mother and association of female children with their mother was more important as compared to the father---Court while determining the custody of minors always considered the welfare of the minors---Father being Government employee had to remain at the place of his posting all day long and could be transferred at any time---Poverty or poor financial status of mother did not disentitle her from the custody of minors---High Court declined interference in concurrent findings of two courts below on the point of fact ---No illegality or infirmity having been noticed in the impugned s and decrees passed by the two courts below, constitutional petition was dismissed accordingly. Mehmood Akhtar v. District Judge, Attock and 2 others 2004 SCMR 1839; Mst. Rabia Bibi v. Abdul Qadir and others 2016 CLC 1460; Amjad Masih v. Mst. Bushra Bibi 2010 YLR 1468; Mst. Naziran Bibi v. Additional District Judge, Mianwali and 2 others 2006 MLD 493; Mst. Naziran Bibi v. Additional District Judge, Mianwali and 2 others 2006 MLD 493 and Waqar Haider Butt v. Judge Family Court and others 2009 SCMR 1243 ref. THIS ORDER PASSED BY: JAWAD HASSAN, J.--- Through this petition, the Petitioner has sought setting-aside of impugned judgment and decree dated…

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