Law: Guardians and Wards Act, 1890

Section: 25

Law: Constitution of Pakistan, 1973

Section: 25

Guardians and Wards Act (VIII of 1890)--   ---S.25--Constitution of Pakistan (1973), Arts.185(3) 199--Custody of minors-- Welfare--Finding of fact on basis of material on record-­Interference with--Writ jurisdiction--Scope--Minors living with maternal-grandmother--Father who had not remarried and was in a better position to maintain them, sought custody of minors--Strained family relations between parties--Respondent-fathers suit dismissed by Family Court but decision reversed in appeal--High Court order affirming that it was in the welfare of minors that their custody be  handed over to respondent-father, challenged--Finding on question of welfare of minors being a finding of fact arrived at by Additional District Judge on the basis of material on record, could not be interfered with in the exercise of writ jurisdiction--Impugned order of High Court warranting no interference, leave to appeal refused.   ORDER JAVID IQBAL, J.--This petition for leave to appeal has been filed by Mst.Amina Bi petitioner and is directed against judgment of the Lahore High Court Rawalpindi Bench dated 2nd May, 1988. Briefly the facts are that the petitioner is maternal-grandmother of Mst.Shahista Abbas aged about 7 years, Mst.Taushiba Abbas aged about 4 years and Faisal Shahzad .aged about 3 years. The last mentioned child namely Faisal Shahzad was delivered by the petitioners daughter in the hospital at Jhelum on 17 September, 1985 and her daughter, Mst. Khalida Begum, died at last childs birth. The three minors ever since have been living with the petitioner. Muhammad Abbas Butt respondent (their father) moved an application under section 25 of the Guardians and Wards Act for the custody of the children which was disallowed by the Guardian Judge as in his view the welfare of the minors lay in their custody being retained by their maternal-grandmother i.e. the petitioner. However, on appeal the Additional District Judge reversed these findings and awarded the custody of the minors to their father i.e. the aforesaid respondent. This judgment was challenged by way of writ petition in the Lahore High Court Rawalpindi Bench Rawalpindi where learned Single Judge…

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