Law: Guardians and Wards Act, 1890

Section: 25

Law: Guardians and Wards Act, 1890

Section: 25

Guardians and Wards Act (VIII of 1890)-------S. 25---Constitution of Pakistan (1973), Art.199---Constitutional petition---Custody of minor--Two courts below having changed the custody of minor from the petitioner/father to respondent/mother, petitioner had impugned said concurrent s in the constitutional petition---Father had an obligation under law to provide maintenance to his minor children---Argument that mother had weak financial position as compared to the father, was misconceived---Father had contracted a second marriage and he would have to remain out of his house for considerable time in connection with his daily pursuits---Minor could not be left to the surveillance of step-mother who could never be substitute for the real mother---Real mother had inherent right to .keep her minor children close to her bosom---Intelligent preference of the minor while considering comparative rights of the real mother vis-a-vis the father, who had already contracted a second marriage, could be legitimately pushed to oblivion and that was what the two courts below had done---Well-reasoned findings of facts recorded by the two courts below, could not be interfered within constitutional petition. Malik Muhammad Azeem for Petitioner. Malik Munsaf Awan for Respondents. ORDER S. ALI HASSAN RIZVI, J.--- Three family claims, namely, suit for recovery of dowry articles, suit for recovery of maintenance and a petition under section 25 of the Guardian and Wards Act for custody of minor Arif were filed by Mst. Hafeezan Bibi on 20-1-2007 against Muhammad Nazeer, defendant/ writ petitioner. 2. The suits were resisted by the defendant/writ petitioner. 3. On conclusion of the trial, the aforementioned suits were decided in the following terms vide judgment and decree dated 4-7-2008 passed by Mr. Muhammad Amer. Habib, Judge, Family Court, Esa Khel : --- "---the suit of the plaintiff for recovery of dowry articles is partially decreed. Plaintiff is entitled for recovery of dowry articles as per list Exh.P/1 except electronic items, gold ornaments, aprons and miscellaneous house hold articles or in substitute their depreciated price Rs.90,000 is decreed. Plaintiff is also entitled for…

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