Law:

Section:

Guardians and Wards Act (VIII of 1890)-------S. 25---Constitution of Pakistan (1973), Art.199---Constitutional petition---Custody of minors---Both Guardian Judge and the Appellate Court concurrently dismissed application of mother of minors under S.25 of Guardians and Wards Act, 1890 for custody of minors---Courts had appointed respondent brother of deceased father of minors as their guardian---Petitioner had challenged the concurrent s of courts below---Petitioner, who was mother of minors had claimed that it was in the welfare of minors that minors should live with her---Case of respondent, who was brother of deceased father of minors, .was that petitioner was of bad character who along with others killed her husband and that she had no source of income---Petitioner had failed to produce any worthwhile evidence in support of her claim for custody of minors---Petitioner lady had no source of income, .whereas respondent (uncle) was a teacher and he was looking after the minors and they were getting education---Petitioner allegedly was living with corrupt persons---Respondent (uncle) had deposed that he could look after the minors in better manner and that minors did not want to meet petitioner who had no house---Trial Court had rightly observed that it was in the welfare of minors that they should remain with respondent (uncle)---Trial Court, in circumstances, had rightly dismissed application of petitioner for custody of minors and Appellate Court had rightly' upheld said ---In absence of any illegality or infirmity in the impugned , same could not be interfered with in constitutional jurisdiction of High Court--Paramount consideration, in determining the question of custody of minor, being welfare of minor; it was in the welfare of minors that they should remain with their paternal-uncle/respondent. Sardar Hussain and others v. Mst. Parveen Umar and others PLD 2004 SC 357 rel. Tahir Mahmood Khokhar for Petitioner. Muhammad Tariq Awan for Respondents. Date of hearing: 26th June, 2007. JUDGMENT SYED SAKHI HUSSAIN BOKHARI, J.--- In this constitutional petition, the petitioner has prayed for setting aside judgment dated 10-10-2003 passed by learned Additional…

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