Law:

Section:

Guardians and Wards Act (VIII of 1890)-------S. 25---Custody of minor---Welfare of minor was a paramount consideration and since ward was subject matter of such proceedings, the Courts exercising parental jurisdiction must keep interest and welfare of minor in mind in matter of his custody. PLD 1994 (AJ&K) 1; 1985 SCMR 1367; PLD 1987 Lah. 263;PLD 1995 Lah. 441; 1998 SCMR 1593; 1995 CLC 800; 2002 CLC 1416; 2003 SCMR 1344; 1973 MLD 202 and 2002 SCMR 821 ref. Muhammad Yousuf Leghari for Petitioner. S.A. Shoukat Naqvi for Respondents. ORDER MUNIB AHMED KHAN, J.---The petitioner being aggrieved by the order of Guardians and Wards Judge, dated 13-7-2005, as well as against the judgment, dated 31-10-2005 passed in appeal by learned 1st Additional District Judge has preferred this constitutional petition on the ground that he being the father is in a better position to maintain the girl namely Komal aged about 12 years and is entitled to her custody and that both the trial as well as Appellate Court have not appreciated the Islamic Provisions of Law. He has further submitted that the petitioner belongs to Shia Sect, therefore, petitioner is more entitled to the custody of the girl. He has further submitted that before the Court there was no issue of second marriage of the petitioner which was contracted during pendency of proceedings, but even then Courts have discussed .that factual position and its effect on the custody and that the learned trial Court has talked with the ward in chamber but even then learned Courts have not passed proper order and by that way very fundamental right of the petitioner granted to him by the Constitution has been flouted i.e. as Islamic spirit i.e. Qur'an and Shariah has not been followed. He has also stated that respondent has no source of income, therefore, she cannot maintain the minor. To support his contention, learned counsel for the petitioner has relied upon PLD 1994 (AJ&K) 1; 1985 SCMR 1367; PLD 1987 Lah. 263; PLD 1995 Lah. 441; 1998 SCMR 1593; 1995 CLC 800. In PLD 1994 (AJ&K) 1, it has been held that welfare of minor being a paramount consideration, children if capable of making intelligent preference their opinion…

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