Law: Guardians and Wards Act, 1890

Section: 25

Law: Guardians and Wards Act, 1890

Section: 25

Law: Constitution of Pakistan, 1973

Section: 199

Guardians and Wards Act (VIII of 1890)-------S. 25---Constitution of Pakistan, Art.199---Constitutional petition---Custody of minors---Unemployed mother---Welfare of minors---Guardian application filed by father of minors was dismissed---Plea raised by father was that mother of minors was jobless having no source of income and minors were not having education properly---Validity---Father of minors contracted second marriage and had children from second wedlock---Father mostly remained out of his house in connection with his job and there would be no one to look after the minors except step-mother, who could not be substitute for real mother---Minors could not be left at the mercy of step-mother, particularly when real mother of minors had neither contracted second marriage nor was suffering from any disqualification---Welfare of minors was in their custody with their mother and being natural guardian she could maintain her children with love and affection as compared to step-mother---Plea of father was devoid of force as it was the bounden duty of father to maintain his children till they become major and paucity of mother to maintain her children could not be treated as disqualification of mother to retain custody of minors---If minors were not getting proper education in the custody of their mother, it was the prime duty of their father to pay educational expenses of his children and if so convenient, father could opt to get the children admitted in reputable schools and arrange for their tuition etc. as well without dislocating their custody---High Court in exercise of extraordinary Constitutional jurisdiction declined to interfere in the custody of minors with mother as there was no illegality or jurisdictional defect in the s passed by the Courts below---Petition was dismissed in circumstances. Ganj Bibi v. Muhammad Younas 2011 CLC 1062; Mehmood Akhtar v. District Judge Attack 2004 SCMR 1839 and Mst. Baso v. Additional District Judge-III, Sahiwal 1987 CLC 1675 ref. Barrister Adnan Kasi and Naveed Qambrani for Petitioner. Obaidullah Quresh for Respondent. Date of hearing: 10th July, 2013. JUDGMENT GHULAM MUSTAFA MENGAL, J.--- This Constitutional Petition…

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