Law: Guardians and Wards Act, 1890

Section: 7,25

Guardians and Wards Act (VII of 1890)--- ----Ss. 7 & 25---Custody and guardianship of minor children after death of their mother---Father as the natural guardian of minors in comparison to maternal grandmother---Petitioner/father was the natural guardian of the children after their mother's death---On account of their respective ages, the right of Hizanat of the minors (in the present case) no longer vested in their maternal grandmother---Father of the children was ready and willing to look after them and had the financial resources to fulfil their material needs and educational requirements---Father had neither returned to his job abroad nor remarried keeping in view the welfare and best interest of his children---Children could not be deprived of the company, love and affection of their real father---Paternal grandmother of the children was also available in the father's house to help him look after and raise the children---Father did not suffer from any legal disability that may deprive him from his legal right to have custody of his children---Prima facie, the best interest and welfare of the minors laid in handing over their custody to their real father---Supreme Court directed that the custody of the minors shall be handed over to their father within one week, and that the father shall ensure that the minors spent week-ends with their maternal grandmother for a specified time period. THIS ORDER PASSED BY: IJAZ UL AHSAN, JUSTICE:---.---The petitioner seeks leave to appeal against a judgment of Lahore High Court, Rawalpindi Bench, Rawalpindi, dated 19.05.2017. Through the impugned judgment, a Constitutional Petition (W.P. No.1746 of 2014), filed by Respondent No.2 was allowed; judgment and decree of the learned Additional District Judge, Jhelum, dated 29.04.2014 was set aside and the orders dated 16.12.2013 passed by the learned Guardian Judge, Sohawa, District Jhelum were restored. 2. Brief facts necessary for decision of this lis are that the petitioner was married to Mst. Shamim Akhtar, daughter of Respondent No.2 on 07.11.2001 in accordance with Muslim Rites. From the wedlock, four children namely Areej Nasir, Aiman Nasir (daughters), Ahsan Raza and…

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