Law: Guardians and Wards Act, 1890

Section: 25

Law: Constitution of Pakistan, 1973

Section: 199

(a) Guardians and Wards Act (VIII of 1890)---   ----S.25---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Minor son of 8 years age, custody of---Contest between mother and father of minor both having re-married---Father of minor employed as school teacher and owning agricultural land---Mother and step father of minor being illiterate and having no permanent source of income as step father was a labourer---Order of Guardian Judge handing over custody of minor to his mother set aside by Appellate Court---Validity---While determining question of custody of a minor, prime consideration would be his welfare---Record showed that father was financially stable, thus, he was in a better position to meet material needs of minor---Father having no child from second . wife could keep minor with him in school, supervise his activities and directly take care of his educational, financial, psychological and emotional needs---Present environment at which minor was living and role models which he had were of paramount importance and this was a stage for laying foundation of his career---Keeping minor in environment of uncertainty and having flaws in his educational foundation and upbringing would affect entire structure of his responsibility and future career---Obligation of father was to provide adequate funds to mother to meet needs of minor, which was likely to be misapplied by her for not having source of income---Depriving minor of opportunity of growing-up with support, in company and under direct supervision of his real father would not be in his welfare---All step-mothers were not Cinderellas step-mothers---Possibility of ill-treatment by step-mother in present case was quite remote as minor would spend most part of day and week in school in academic environment under supervision of his father---Record showed that mother could not cater educational needs of minor, who being about 8 years old was still in Class-I---Need of minor for maternal love and affection could be met by providing adequate visitation time to mother---Mother was allowed to meet minor on first Sunday of every month from 11-00 a.m. to 2-00 p.m., the one week during winter…

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