Law: Guardians and Wards Act, 1890

Section: 7,17,25

Guardians and Wards Act (VIII of 1890)-------Ss. 7 & 25---Custody of minor---Determining factors---Welfare of minor--Economic conditions---Scope---Petitioner/father of two minors sons remained unsuccessful in getting their custody---Held, that petitioner was settled abroad and had filed petition under section 25 of Guardians and Wards Act, 1890 through special attorney who appeared as petitioner's witness---Such fact also showed petitioner's lack of affection and love as well as care for the minors---Petitioner neither joined proceedings during pendency of petition before Trial Court nor bothered to appear before Lower Appellate Court---There was nothing on record to suggest that respondent /mother was not taking care of minors in a proper way or that she was not getting them educated so as to make them useful citizens--Respondent /mother of minors did not enter into second marital bond for the sake of her children and welfare of minors was with respondent /mother---Poverty could not be considered a valid ground for disentitling respondent/ mother from custody of minors---Paramount consideration for Court in making order under section 7 of Guardians and Wards Act, 1890 of appointment of guardian of minor is that it should be satisfied that the order is for welfare of minor---Although father is a natural guardian of his minor children, yet court has to be satisfied while appointing father as a guardian that welfare of minor lies in the fact that he be appointed as a guardian and the custody of minor be delivered accordingly--Supreme Court declined to interfere in judgment passed by High Court---Petition for leave to appeal was dismissed and leave was refused.Khan Muhammad v. Mst. Surayya Bibi and others 2008 SCMR 480; Mehmood Akhtar v. District Judge, Attock and 2 others 2004 SCMR 1839; Mst. Talat Nasira v. Mst. Munawar Sultana and 2 others 1985 SCMR 1367; Mst. Rubia Jilani v. Zahoor Akhtar Raja and 2 others 1991 SCMR 1834; Mst. Firdous Iqbal v. Shifaat Ali and others 2000 SCMR 838; Mst. Razia Bibi v. Riaz Ahmad and another 2004 SCMR 821; Shabana Naz v. Muhammad Saleem 2014 SCMR 343 and Raja Muhammad Owais v. Mst. Nazia Jabeen and others 2022 SCMR 2123…

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