Law:

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Guardians and Wards Act (VIII of 1890)----- ----S.25---Constitution of Pakistan (1973), Art. 185(3)---Custody of minors---Principle of welfare of minors---Applicability---Mother of three minor children sought their custody---Family Court dismissed the suit but the Appellate Court accepted the appeal and allowed the custody to the mother---Judgment and decree passed by the Appellate Court were maintained by High Court in Constitutional petition---Father of the minors contended that welfare of minors was with him as the mother had developed illicit relations with another person, she was illiterate and did not have any known sources of income---Validity---High Court had found the mother of minors to be educated who could provide better education to the minors and it was further found that even if the income of the mother was lesser than that of the father of the minors, the same was enough for the proper education and maintenance of the minors­Father of the minors failed to substantiate the allegations against the motherMother of the minors did not contract second marriage after getting divorceJudgment of High Court did not call for any interference by Supreme CourtNo question of law of public importance being involvedLeave to appeal was refused. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J. The -Petitioner seeks the grant of leave to appeal from order, dated 16102001 passed by the Lahore High Court in Writ Petition No. 13800 of -1999. 2. Briefly stated, the facts of the case are that the -Respondent No. 1 an exwife of the -Petitioner filed, against the -Petitioner, a suit for custody of minor but schoolgoing children namely, Mst. Khubra Fatima, Waqar Ali and Muddasar Ali aged 12, 11 and 10 years respectively. The Family Court/Guardian Judge, Lahore by judgment and decree, dated 7101998 dismissed the suit of -Respondent No.1. However, her appeal was accepted by the Additional District Judge, Lahore by judgment and decree, dated 18-12-1999. The -Petitioner filed a Writ Petition No. 13800 of -1999 there against. The same was dismissed, by the impugned judgment, dated 16102001, by the Lahore High Court. Hence this petition for leave to appeal. 3. The learned counsel for the…

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