Law: Guardian and Wards Act (VIII of 1890)

Section: 25

Law: Constitution of Pakistan, 1973

Section: 199

Guardians and Wards Act (VII of 1890) S. 25---Constitution of Pakistan (1973), Art.199 --- Constitutional petition---Custody of minor ---Welfare of minor---Petitioner (father of minor) who was living abroad contended that he had got his visa cancelled and ire had decided to settle down in Pakistan---Such fact alone was not to be kept in mind while deciding question of welfare of minor---Custody of minor, who was living with his mother, since his birth, could not be handed over to an alien father who at the fag-end had decided to settle in Pakistan---Past conduct of parties had to be evaluated while deciding sensitive issue of custody of minor---Father was abroad when minor was born and he had not paid a single penny to wife as maintenance allowance since birth of the child---Father had no knowledge as to the details of education of the minor-- Father himself was not a properly educated person and was ignorant about educational qualification of his wife---Father had filed application for custody of minor as a counterblast and not for any love and affection for the minor as wife had already filed suit for maintenance against him---Courts below in circumstances, had rightly decided that welfare of minor lay in allowing custody of minor with mother of minor. Lt: Col. (Retd.) Ijaz Ali Khan v. Mst. Shaheen and 2 others 1993 CLC 2088; Muhammad Afzal v. Mst. Sameena Akhtar and another 1995 CLC 1519 and Syed Ali Mehdi v. Baqar Ali Rana, Additional District Judge, Islamabad and 2 others 1998 MLD 1003 ref. Date of hearing: 28th. February, 2000.                                                                                                                                                                       ORDER Instant writ petition is directed against the…