Law:

Section:

Guardians and Wards Act (VIII of 1890)-------S. 25---Constitution of Pakistan (1973), Art.199---Constitutional petition---Welfare of minor---Determination---Minor girl was living with her mother---Father did not pay maintenance allowance to the minor fixed by court about six years back and filed application for her custody---Guardian Judge as well the Appellate Court concurrently declined to give custody of minor girl to her father---Validity---Father never cared to look after the affairs of his own minor daughter who, at the time of divorce to her mother was a student of 8th class, instead father solemnized his own second marriage; it would be prejudicial to welfare of the minor to hand over her custody to father for her bringing up by step-mother, in preference to her real mother---Father was an army personnel and remained under constant transfers, from one place to another and in .his absence there would be hone to look after the growing girl, who could not be left at the mercy of other wives---Father had neglected the minor since her birth and had voluntarily allowed his divorced wife (mother of minor) to take along with her to the house of her parents, where minor started putting up with maternal relations---Father could not even recognize his daughter and in such circumstances to deprive the minor of her environments with which she had developed attachment, would negatively reflect on her personality---High Court in exercise of Constitutional jurisdiction declined to interfere with the s passed by two Courts below---Petition was dismissed in circumstances. Mst. Firdaus Iqbal v. Shafat and others 2000 SCMR 838 fol. Ali Akbar v. Kaniz Maryam PLD 1956 Lah. 484 distinguished. Q.M.. Saleem for Petitioner. Muhammad Zubair Khalid Chaudhary for Respondents. ORDER MUHAMMAD MUZAMMAL KHAN, J.--- Instant constitutional petition assailed the judgments dated 31-10-2005 and 7-2-2006 passed by the learned Guardian Judge and the learned Additional District Judge, Sheikhupura, to be declared illegal, void and of no legal consequence, whereby petitioner's application under section 25 of the Guardians and Wards Act, 1890; and his appeal were dismissed, respectively. 2.…

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