Law:

Section:

Guardians and Wards Act (VIII of 1890)---S. 25---Constitution of Pakistan (1973), Art.185(3)---Custody of minors---Application filed by ex-wife of the petitioner, under S.25 of Guardians and Wards Act, 1890 for custody of minors was disposed of by the Guardian Judge/Family Court in view of compromise between the parties and it was directed that permanent custody of minors would remain with the petitioner who would hand over minors on each Sunday to the ex-wife for visitation---Appeal filed by petitioner against of the Family Court was partly allowed by the Appellate Court below by making some changes in respect of visitation rights of respondent and of Appellate Court below was upheld by High Court---Plea of petitioner was that as ex-wife had contracted a second marriage with a stranger, she had lost her right of Hizanat or even visitation---Validity---Mother of minors, could not be denied minimum right of access to her minor children nor she be considered like an alien enemy qua them---Appellate Court below adopted a very sensible approach by permitting the mother to meet the minors on the first Sunday of each month---Order passed by the Appellate Court below was upheld by the High Court, being just and fair to which no exception could be taken---Impugned of the High Court, not suffering from any legal infirmity so as to warrant interference by the Supreme Court---Petition was dismissed. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.---This petition for leave to appeal is directed against judgment, dated 30-5-2005, passed by the Lahore High Court, Lahore, in Writ Petition No.9290 of 2005. 2. The respondent No.1, an ex-wife of the petitioner filed an application under section 25 of the Guardians and Wards Act; for custody of minors, Armish Altaf Alvi and Ahmad Altaf Ali, which was disposed of by the Guardian Judge/Family Court, Lahore, by order dated 14-12-2004, in view of compromise between the parties. It was further directed that permanent custody of minors would remain with the petitioner who would handover minors on each Sunday from 9-00 a.m. to 4-00 p.m. to the respondent No.1 for visitation and the respondent would see the minors in the home of her mother. 3. The…

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