Law:

Section:

Guardians and Wards Act (VIII of 1890)---S, 25---Constitution of Pakistan (1973), Art.185(3)--Custody of minor female--- Minor female was already in custody of her natural parents, both father and mother---Petitioner claimed to be minor's foster mother, who had brought her up like her own daughter and affection between the two had developed--­Minor being a female of about sixteen years it would be in her interest that she should not stay away from care and custody of her parents even though petitioner was her paternal uncle's widow ---Adopted parents had never been treated as the same or equal to real parents---It would be in the welfare of minor to remain in the custody of natural parents---Leave to appeal was refused in circumstances. ORDER MUHAMMAD AFZAL ZULLAH, CJ.---Leave to appeal has been sought, against the dismissal by the High Court, of a Constitutional Petition in a custody matter relating to a minor female who is now stated to be aged about 15 years and is in the custody of her natural parents, both the father and the mother. The other claimant for her custody is this case in the petitioner who is the widow of the brother of minor's father, respondent No.3. 2. According to learned counsel the minor having been given to the petitioner and her husband when he was alive because they had no child of their own, was brought up by her like her own daughter and affection between the two developed and remained as if they are mother and daughter. It was thus according to him not only unnatural but illegal to change the custody from the petitioner (as foster mother). The learned Joe in the High Court in a detailed judgment examined the case-law and other questions raised in this case at considerable length. In so far as reasoning in the impugned judgment goes no serious legal or other objection can be advanced against it. However, as the learned counsel also touched the question of the welfare of the minor it would be appropriate to reproduce here efforts made by this Court in Chambers to persuade the parties who are of course related to each other to come to an amicable settlement. "C. Miscellaneous Petition No. 126-R of 1989 in "Civil petition No. 190-R of…

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