Law:

Section:

Guardians and Wards Act (VIII of 1890)--- ----Ss. 12 & 25---Constitution of Pakistan, Art. 199---Constitutional petition---Custody of minor daughter---Contest between father having second wife and real/divorced mother of minor---Order of Family Court leaving custody of minor with mother, but prohibiting removal of minor from jurisdiction of court without its permission while allowing father to have custody of minor on alternate Saturday in evening till next day evening, on second day of Eid during day time, in summer vacation for one month, in winter vacation for seven days and on birthday from 6-00 p.m. to 8-00 p.m.-Appellate Court upheld such order of Family.Court with modification allowing custody of minor to father for a fortnight during summer vacation instead of one month---Mother's plea was that she being a Doctor by profession had got a job in Dubai and would like to take minor with her; that she would come back to Pakistan with minor every month and give full opportunity to father to meet minor; and that she was ready to give reasonable guarantee for such purpose---Validity---Father had not challenged concurrent findings of it courts below allowing mother to have custody of minor---Female had absolute right to roam in search of career and livelihood wherever she found same more apt and could not be deprived of custody of children if she wanted to serve abroad---Just as a father could not be asked to abandon his career if he wanted custody of minor, a mother could not be asked to forsake her career, if she wanted custody of minor---Mother in view of her career requirements had wanted permission and not a simple permission to go abroad---Purpose of a guarantee would be to act as deterrent---High Court allowed mother to take minor with her abroad subject to furnishing P.R. Bond for Rs.1 million with one surety in like amount to the satisfaction of Nazir of the Court. Mst.. Nasima v. Hanif and 2 others PLD 2009 Kar. 50; Syed Tahseen Razi v. Dr. Farhana Shaheen and another 2003 YLR 1067; Khalid Mahmood v. Tahira Yasmin and 2 others 2007 MLD 1692; Saad Amanullah Khan v. IVth Senior Civil Judge, (South) Karachi and 3 others, PLD 2008 Kar. 499. Muhammad…

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