Case Details

Citation(s)
2011 SLG 2025 2011 SLD 2025 2011 SCMR 311
Supreme Court of Pakistan
Civil Petition Nos. 569-K and 570-K of 2009, decision dated: 10-07-2009
GHULAM RABBANI AND MUHAMMAD MOOSA K. LEGHARI, JJ

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MUHAMMAD RAFIQ

VS

. Mst. SHAHZADI and others

Law:

Section:

Guardians and Wards Act (VIII of 1890)-------S. 25---Constitution of Pakistan, Art.185(3)---Custody of minor---Petitioner who was father of minor/boy claimed that in view of long association with the minor, he was entitled to continue holding custody of minor---Finding recorded by three Court (trial court, appellate court and High Court) were against the petitioner---High Court had evaluated the case of the petitioner with great care and observed that Guardian Judge examined the pros and cons of the case minutely, accounted for each and every factual position brought on the record---Respective evidence brought on record by the parties was scrutinized and assessed and the was found to be reasonable---Appellate Court maintained said and High Court dismissed constitutional petition thereagainst---No illegality or infirmity was in the impugned ---Petition for leave to appeal was dismissed. Anwar Hussain, Advocate Supreme Court for Petitioner. Nemo for Respondents. ORDER GHULAM RABBANI, J.---Leave to appeal is sought against the judgment dated 7-5-2009 passed by a learned Single Judge of the High Court of Sindh whereby the Constitutional Petition filed by the petitioner was dismissed and the order of the two courts were maintained. We have heard the learned counsel for the petitioner. According to him the long association with the minor boy entitled to his father to continue holding his custody. We have given due attention to the above oral submissions of petitioner and we have also seen the documents made available to us. Admittedly, the findings going recorded by the three Courts are against the petitioner. Reading of the impugned judgment reflects that learned Single Judge of the High Court has evaluated the case of the petitioner with great care. The High Court observed that the Guardian and Ward Judge examined the pros and cons of the case minutely and accounted for each and every factual position brought on the record. Further that the respective evidence brought on record by the parties was scrutinized and assessed and the judgment was found to be reasonable. Appellate Court maintained…
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