Law: Guardians and Wards Act (VIII of 1890)

Section: 25

Law: Constitution of Pakistan

Section: 199

(a) Guardians and Wards Act (VIII of 1890) S. 25---Death of mother / wife--- Custody of minors---Father being the natural guardian---Scope---Grandmother, entitlement of--- Scope---Welfare of the minor---Scope---Petitioner / father was concurrently denied custody of minors and the same was granted to their(minors') maternal grandmother after the death of their mother (wife of petitioner)---Validity--- Muhammadan Law does indeed recognize that the father, being a natural guardian, enjoys a preferential right to the custody of his children---While the legal position under Muhammadan Law does indeed recognize the father as the natural guardianof the person and property of his minor children, such consideration/right is not unfettered or absolute---The dominant and overarching consideration in custody matters remains the "welfare of the minor", which includes physical well-being, emotional security, moral upbringing, educational needs, and overall development---In the present case, the Trial Court, after recording evidence of both parties, found that the environment in which the minors were presently residing in Islamabad was stable and conducive to their welfare--- The maternal grandmother had been looking after the minors since the death of their(minors') mother---The Courts below also took into consideration the strained relationship between the petitioner / father and his in-laws, as well as the potential safety risks involved in transferring the minors' custody to Sheikhupura, where the petitioner resides---From the perusal of the record, it emerged that the petitioner / father failed to demonstrate that he had consistently maintained contact or provided financial or emotional support to the minors after their mother's demise ; his sporadic attendance during visitation proceedings and absence of sustained interest in theireducation and upbringing did not persuade the Courts below to believe that change in custody would advance the welfare of the minors ---Petitioner, though legally entitled to visitation, could not substantiate how the custody under his care would better serve the children's best interest ---Custody decisions must…