Law: Guardians and Wards Act, 1890

Section: 17

(a) Guardians and Wards Act (VIII of 1890)--- ----S. 17---Appointment of guardian of minor---Matters to be considered by Guardian Court in appointing guardian---Concept of welfare of minor---Scope---Welfare was an all-encompassing word and included material welfare, both in sense of an adequacy of resources to provide a pleasant home and a comfortable standard of living and also in sense of an adequacy of care to ensure that good health and due personal pride of minor were maintained---Welfare also signified stability and security; loving and understanding care; guidance, and warm and compassionate relationships that were essential for full development of a childs character, personality and talents---Welfare was a question of fact and had to be determined on basis of material placed before a Judge and not on presumptions. Walker v. Walker and Harrison 1981 N.Z. Recent Law 257 and Rahimullah Choudhury v. Sayeda Helali Begum and others 1974 SCMR 305 rel. (b) Guardians and Wards Act (VIII of 1890)--- ----Ss. 17 7---Constitution of Pakistan, Art. 199---Constitutional petition---Appointment of guardian of minor---Adoption of minor by paternal aunt---Contest between biological parents and paternal aunt---Recording of statement of minor to determine minors intelligent preference---Scope- (paternal aunt) impugned order of Guardian Court whereby her application for recording of statement of minor to determine minors preference was dismissed---Contention of petitioner, inter alia, was that recording of such statement was vital to determine question of minors welfare---Validity---Minors interview may help in a decision of a case as it may bring certain facts to guardian courts notice which may have been concealed or overlooked by parties during recording of evidence and thus it was preferable that Guardian Court should quiz such minor in detail---Ascertaining preferences of a minor and weight to be attached to same, however, were two different things and while questioning a minor, Guardian Court should not only consider minors age and maturity but also see whether such minor had been tutored or was under undue influence of person with whom such minor was living for the…

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