Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Arts. 199 & 187---Constitutional petition---Maintainability---Order of Supreme Court---Implementation---Scope---Petition under Art.199 of the Constitution seeking implementation of order of Supreme Court is maintainable. Khushi Muhammad v. I.-G. Police 1999 SCMR 2868 and Umer Gul v. GOS 2007 YLR 3191 rel. (b) Guardians and Wards Act (VIII of 1890)--- ----S. 25---Custody of minor---Visitation right---Scope---Law favour right of visitation of a parent to remain intact even if custody is awarded to the other parent. Nemat Ullah Qureshi v. Mst. Bilqis Sitara PLD 1973 Lah. 442; Mrs. Parveen v. Kh. Muhammad Ashar PLD 1975 Lah. 334; Ghulam Sakina v. Ghulam Abas PLD 1978 Lah. 1389; Sardar Hussain v. Mst. Parveen Umer PLD 2004 SC 357 and Mst. Nighat Firdous v. Khadim Hussain 1998 SCMR 1593 rel. (c) Guardians and Wards Act (VIII of 1890)--- ---S. 25---Custody of minor---Statement of ward---Principle---Where children had remained under complete supervision of mother and maternal parents/relatives to the complete exclusion of father and his part of family for the last 8 to 9 years, statements of such children were a result of tutoring and brain washing---Statements of such children could not be accepted in circumstances. Javed Akhtar v. Nasreen Akhtar 2006 YLR 2215 and Mukhtar Ahmad Khan v. Mst. Aziza Begum PLD 1975 Lah. 86 rel. (d) Guardians and Wards Act (VIII of 1890)--- ----S. 25---Constitution of Pakistan (1973), Arts.199 & 187---Constitutional petition---Custody of minor children---Welfare of minor---Decision of Supreme Court---Implementation---Matter between the parties with regard to custody of minor children was finally decided by Supreme Court on the basis of a compromise filed by the parties---According to the compromise,. custody of minors was handed over to their mother while their father was given a right of visitation---Grievance of father of minors was that mother of minors was not complying with the decision of Supreme Court---Validity---In long legal battle with allegations and counter allegations both father and mother had lost sight of the fact that in ultimate result, the losers were children as their…

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