Law:

Section:

Guardians and Wards Act (VIII of 1890)-- Ss. 17 & 25 Custody of minor girls after death of their mother¬ Findings of fact. reached by High Court showing misrepresentation practised by minors' father at time of his marriage with minors' mother and his uncongenial treatment towards her during her lifetime¬ Held, explanatory of choice expressed by eldest of their minor girls to remain with her maternal grandmother rather than to go with her father Petitioner father leading no evidence to show that he had been paying any amount towards maintenance and upbringing of minor girls Minors, if given in custody of father, likely to suffer company of step mother in his house Order of High Court giving custody of minors to their maternal grandmother in preference to father, upheld. JUDGMENT MUHAMMAD GUL, J. ;This leave petition is from the judgment of the Lahore High Court dated 12 2 1973 in first appeal, arising out of proceeding under section 25 of the Guardians and Wards Act concerning the custody (hizanat) of three minor girls, the contestants being their father, the petitioner herein and their maternal grandmother, the respondent herein. The petition had been adjourned time and again with a view to enabling the disputants to reach an amicable understanding with regard to the custody of the minors. Unfortunately, this has been a vain hope. The petitioner is a highly placed officer and at the time when this litigation commenced in 1968 was serving the former Province of West Pakistan and stationed at Lahore. Presently, he is Member of the Federal Services (Administrative) Tribunal at Islamabad. The three minors whose custody is dispute with their respective dates of birth are: - Name Date of birth (i) Naila 6 7 1958. (ii) Seemin 14 8 1960. (iii) Assia 22 4 1962. The minors' mother Mst. Shamim un Naeem died at Lahore on the 6th June, 1968. After the death of their mother they were taken to Karachi by the respondent, with the petitioner to consent apparently on the understanding that they would return to Lahore by the time their school reopened after vacation. The case of the petitioner is that he personally went to Karachi in September, 1968 and again in December,…

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