Law:

Section:

(a) Guardians and Wards Act (VIII of 1890)----Ss. 17 & 25---Custody of minor---Contest between father and mother of minor---Entitlement---Prime consideration in such cases would always be welfare of minor---Right of father being natural guardian of minor would be subject to welfare of minor. (b) Constitution of Pakistan (1973)--- ----Art. 185---Appeal to Supreme Court---Findings of fact recorded by Appellate Court and upheld by High Court---Validity---Such concurrent findings could not be reversed without any lawful justification. JUDGMENT JAVED IQBAL, J.--- This petition for leave to appeal is directed against the order dated 15-6-2004 passed by learned Lahore High Court, Bahawalpur Bench, Bahawalpur, whereby the writ petition preferred on behalf of petitioner has been dismissed and the judgment passed by learned Additional District Judge, Haroonabad, has been kept intact. 2. As enumerated in the judgment impugned "facts in short are that Khan Muhammad petitioner was married to Mst. Surayya Bibi respondent. In consequence of the aforesaid marriage Muhammad Noman, Muhammad Kamran sons and Mst. Adeeba Bibi daughter were born. As the matrimonial tie could not be continued so it had ended into dissolution of marriage. The petitioner filed an application for custody of minors Mst. Adeeba Bibi, aged 9/10 years and Muhammad Kamran five years of age against Mst. Surayya Bibi, who was holding the custody of these children. Learned Guardian Judge, Haroonabad accepted the guardianship application while the petition filed by Mst. Surayya Bibi against Khan Muhammad for the delivery of custody of Muhammad Noman, which was residing with Khan Muhammad, was dismissed on 17-9-2003. Aggrieved from the aforesaid decision of the learned Guardian Judge, Mst. Surayya Bibi filed an appeal before the learned Additional District Judge, Haroonabad, which was accepted by the learned Additional District Judge, Haroonabad, to the extent that the custody of Mst. Adeeba Bibi and Muhammad Kamran, minors would remain with Mst. Surayya Bibi but her prayer for the delivery of the custody of Muhammad Noman from petitioner was rejected on 9-3-2004". Being aggrieved a writ petition was…

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