Law:

Section:

Guardians and Wards Act (VIII of 1890)-------S. 25---Constitution of Pakistan (1973), Art.199---Constitutional petition---Custody of minors---Different view of evidence---Scope---Male minors were all above 7 years of age and they were studying in English medium school at the time of their removal by mother--Father deposed in evidence that he was worried about future of minors and intended to provide them better schooling and facilities---Guardian Judge, after recording of evidence, was of the opinion that welfare of minors lay in giving their custody to father---Plea raised by mother was that change of custody from her to father would change the scenario and damage future of minors---Validity---While appreciating evidence, different view could not be taken by High Court in constitutional jurisdiction---Father of minors was civil servant and educated person who would care for future of his minor sons for whom he had shown much concern all along---Right of custody to father was to be preferred for male minors who were above 7 years, as he was in better position to facilitate and arrange schooling---There was no illegality or infirmity in the order passed by two courts below, calling for interference by High Court in exercise of constitutional jurisdiction---Petition was dismissed in circumstances. Muhammad Sana Ullah Khan for Petitioner. ORDER S. ALI HASSAN RIZVI, J.---The petitioner is aggrieved of the judgment of the learned trial Court dated 14-7-2008 whereby the custody of the minors male children was handed over to respondent No.1 and the dismissal of the appeal on 22-11-2008, thereagainst. 2. Brief facts of the present case are; that the petitioner was married with respondent No.1 and out of the wedlock five children were born. Respondent No.1 filed an application seeking custody of four children, namely, Mst. Ishrat Fatima, (12), Naeem Sultan, (11), Saleem Sultan, (9), and Waseem Sultan, (7) on the ground that petitioner-respondent left his house and a suit for restitution of conjugal rights was pending. The minors were studying in Sun Rise English Medium School. Their future was at stake on account of removal of minors from his custody by the mother,…

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