Law: Guardians and Wards Act, 1890

Section: 12,25

Law: Guardians and Wards Act, 1890

Section: 12,25

Guardians and Wards Act (VIII of 1890)-------Ss. 12 & 25---Constitution of Pakistan (1973), Art.199---Constitutional petition---Custody of minor---Petition filed by petitioner for the custody of his minor son aged 11 years, was decided by the Guardian Judge in favour of the petitioner, with direction to mother of the minor to hand over the custody of the minor boy to the petitioner---Such order was set aside by appellate Court---Validity---Notwithstanding the personal law of the minor, predominant consideration had always got to be the welfare of the minor---Welfare was not only monetary, but it was also emotional and the emotional welfare of the minor was more important than the monetary aspect; because regardless of fact as to who had the custody of the minor, the father being the natural and legal guardian was bound to maintain minor---Father pays the maintenance to his minor children because it was his bounden duty, from which he could not be absolved under any circumstances---Needs and wants of a minor were taken care of, whereas traumatizing a minor by making him or her go through an emotional upheaval, would debilitate him irreparably and an emotionally debilitated person, could not be a stable individual and he could not be an asset to the world at large and to the society he belonged to in particular---Petitioner had impugned the and decree of the Appellate Court on the ground that Appellate Court had relied the on the opinion of the minor who was of tender years and that the minor was too young to form his own opinion as to where his welfare lay---Constant supervision required for an eleven years boy, could not be given to him by father who had to go out and earn a living, regardless of whether he was living in Pakistan or abroad---Handing over the custody of minor to father would be to subject the minor to become a "Latch key child"---"Latch key children", was a term given to children whose parents work and they leave the latch key in a hidden place for the children to use when they return home after school and their parents are still at work, in order to let themselves into the house, where they fend for themselves till the parents return home…

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