Law: Guardians and Wards Act, 1890

Section: 12,25

(a) Guardians and Wards Act (VIII of 1890)--- ----Ss.12 & 25---Interim custody of minor---Visitation rights of father---Petitioner was mother of minor daughter and had assailed order passed by Family Court regarding interim custody---Validity---Real father could not be deprived of his right to meet his daughter and / or spend time with her---Such restraint would lead to / cause emotional deprivation of the minor daughter on both sides--- Child not only needs love, affection, care and attention of a mother but also that of a father---During litigation between the parties such order or 'interim custody' could not be alleged / called as un-justified and / otherwise harsh and illegal--- Any order passed under S.12 of Guardians and Wards Act, 1890, was not equivalent to an order passed under S.25 of Guardians and Wards Act, 1890---Latter order was to determine rights of parties with regard to 'regular custody' of a minor and that too only after taking into consideration the capacity / position of a party to either maintain a child and / or to provide love and affection to such child---Such like questions could only be decided in a 'final adjudication' of application under S.25 of Guardians and Wards Act, 1890---High Court declined to interfere in the order passed by Family Court with regard to interim custody as there was no 'infirmity' or 'illegality' in the order---Constitutional petition was dismissed, in circumstances. Mst. Madiha Younus v. Imran Ahmed 2018 SCMR 1991 and Mst. Marium Tariq and others v. SHO of Police Station Defence and others PLD 2015 Sindh 382 distinguished. Abdul Rauf and 10 others v. Government of Sindh and others 2003 CLC 1602; Akbar Cotton Mills Ltd. v. Messrs Ves/Ojuanojo Objedinenije Tech/Amesh Export and another 1984 CLC 1605; Pakistan International Airlines Corporation v. Air Master (Pvt.) Limited and another PLD 2004 Kar. 77; Syed Saghir Ahmed Naqvi v. Province of Sindh through Chief Secretary S&GAD, Karachi 1996 SCMR 1165; Bank Al-Falah Limited v. Inter Global Commerce Pakistan [Pvt.] Ltd. and 5 others 2017 CLD 1428; Shabbir Ahmed v. Kiran Khursheed and 8 others 2012 CLC 1236; Babar Hussain Shah and another v. Mujeeb Ahmed Khan and…

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