Law: Guardian and Wards Act (VIII of 1890)

Section: 25

Guardian and Wards Act, 1890 (VIII of 1890)-- ----S. 25--Petition for custody of minor--Dismissed--Appeal--Dismissed--Concurrent findings--Remarriage of petitioner--Custody was granted to biological father--Respondent was employed in Pak Army--Custodial preference--Ability to provide a secure and stable environment--Challenge to--The mother retained preferential custodial rights of children until age of seven years for male and until puberty for female, provided she was not remarried to a stranger or expose minors to any adverse circumstances--The respondent, being employed in PAK Army had demonstrated ability to provide a secure and stable environment to his children--Courts below had rightly prioritized minors’ welfare and committed no legal error while refusing custody of minor to petitioner--It is well-settled law that custodial preference can be justifiably reversed in view of overriding circumstances--No evidence of convincing nature could be produced by petitioner, suggesting that she could better look after minor, than their father particularly when she had admittedly remarried, which fact still appeared to be a question mark on her reputation, as such, she was not entitled for custody--Petition dismissed.          [Pp. 218, 219 & 220] A, B & C 2022 YLR 2201; 2022 CLC 1829; 2022 YLR 2482; 2023 MLD 2018; 2023 YLR 497 & 2020 YLR 401 ref. Syed Ishtyaq Alam Mazhar, Advocate for Petitioner. Mr. Izhar Khan Fateh Khan Khel, Advocate for Respondents. Date of hearing: 16.6.2025. Judgment The petitioner, Mst. Shama, through this petition has invoked the constitutional jurisdiction of this Court under Article. 199 of the Constitution of the Islamic Republic of Pakistan, 1973, challenging therein the concurrent judgments of the learned Senior Civil Judge/Judge Family Court-I, Swat dated 29.06.2024, and the learned Additional District Judge/Izafi Zilla Qazi-III, Swat dated 30.10.2024. Vide judgment dated 29.06.2024, the petition filed by respondent Syed Amin Shah under Section 25 of the Guardian and Wards Act, 1890, was accepted, and accordingly the custody of minors, Mst. Afia Bibi and Syed Hamad Ali,…