Law: Guardians and Wards Act, 1890

Section: 17,25,17(3)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Guardians and Wards Act (VIII of 1890)--- ----Ss. 17 & 25---Constitution of Pakistan (1973), Art.199---Constitutional petition---Appointment of guardian of minor children---Criteria---Marriage of parents of the minors had ended in divorce and the minors were living with the mother---Father was in habit of drinking alocohol and there was a long list of criminal cases in which he was facing trial---Father neither had any source of income, nor he owned any property---Mother was graduate and a teacher in a school of good standard and was leading a respectable life and there was nothing on record to indicate that she was woman of bad character---Application for appointment of guardian filed by the father was dismissed by the Guardian Judge whereas the Lower Appellate Court accepted the same in appeal ---Contention raised by the father was that the mother had contracted marriage with a person stranger to the minors--­Validity---Basic criteria for the appointment of the guardian and the restoration of the custody was welfare of the minors---While dealing with such an application. the Court had to pass its findings on the conditions laid down in Ss. 17 & 25 of Guardians and Wards Act, 1890---Right of parents regarding the interest and control of the children was not to be exercised in the interest and the benefits of the parents but in the interest and welfare of children themselves---Father was, though, a natural guardian yet his right was also subordinate to the welfare of the minors---Lower Appellate Court had failed to consider the fundamental criteria of welfare of the minors while dealing with appeal filed by the father---Re-marriage of the mother did not disqualify her for the etlstody of her children in circumstances---Factors of re-marriage of a woman and custody of minors had not been made reciprocal to Guardians and Wards Act, 1890---Order passed by Lower Appellate Court was set aside. and that of the Guardian Judge was restored. Mst. Imtiaz Begum v. Tariq Mahmood 1995 CLC 800; Shaghufta Bano v' Musarrat Hanif and others 1982 CLC 1821; Mst. Janatan v. Abdul Hameed 1984 CLC 345; Mst. Nighat Firdous v. Khadim Hussain 1998 SCMR 1593; Maqsood Ahmad…

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