Law: Constitution of Pakistan, 1973

Section: 199

Law: Guardian and Wards Act (VIII of 1890)

Section: 25,17,4(2)

SUMMARY S.25, Guardians and Wards Act, 1890 — Custody of minor — Paramount consideration — Welfare of minor — Scope — Held, the welfare of the minor is the paramount and overriding consideration in proceedings under S.25 of the Guardians and Wards Act, 1890. The term “welfare” is to be construed in its broadest sense, encompassing the minor’s moral, spiritual, physical, psychological, educational, emotional and material well-being. Factors such as the minor’s health, academic progress, religious upbringing and emotional development are integral to the welfare test. The minor’s happiness and emotional bonding with the proposed guardian must also receive due consideration. It is the duty of the Court to ensure that the welfare of the minor is of paramount concern, and that the actions of the litigating parties are not motivated by personal vendettas, vanity, or emotional desires for affection, but solely in the best interest of the minors. In matters concerning the custody of a child, the Family Court is not obliged to delve into the intricacies or technicalities of the case but must focus on determining what is in the best interest of the minor. — Minor’s preference— Relevance The minor daughters were called before this Court, where they candidly expressed their willingness to reside with their mother/petitioner. Their preference appears to be voluntary and reflective of their comfort and attachment with the petitioner. Therefore, keeping in view the paramount consideration of the welfare, betterment, and best interests of the minors, it is imperative that their custody remains with their mother. — Mother’s remarriage — Whether disqualification — A female, on account of re-marriage may be disqualified to exercise this right, but a mother on account of remarriage is not absolutely disqualified to be entrusted the custody of a minor child rather she may lose her preferential right of custody. — Constitutional jurisdiction—Interference No misreading or non-reading of evidence, nor any jurisdictional error established to warrant interference by the…