Law:

Section:

Guardians and Wards Act (VIII of 1890)--- ----Ss. 12 & 25---Constitution of Pakistan (1973), Art.199---Constitutional petition---Custody of minors---Application for custody of minors by mother was dismissed by Guardian Court but Appellate Court accepted the appeal and granted interim custody of three minors to her---Father contended that custody of minors was given to him at the time of divorce as a result of an agreement executed by her own choice---Mother contended that father had contracted second marriage, therefore, grant of custody of minors to him was tantamount to leave the minors to the mercy of step-mother-Validity-Father had contracted second marriage while mother had not done so, therefore, she was devoting all her attention and affection to the upbringing of minors who could not be left to the mercy of step-mother---Overriding and paramount consideration of handing over the interim custody of minor was the welfare of the minor---Impugned did not suffer from any illegality or irregularity---Constitutional petition, being without merits, was dismissed with direction to the Guardian Judge to decide the main petition under section 25 of Guardians and Wards Act, 1890 within a period of two months. Zulfiqar and others v. Mst. Kausar and others 1997 MLD 543; Abdul Razak v. Ijaz Mahmood and another 1992 CLC 5; Matloob Hussain v. Additional District Judge, Lahore and others 1992 MLD 1210; Muhammad Jamil v. Safina Bibi 2008 CLC 576; Tahira Batool v. Additional District Judge, Mianwali and another 2008 CLC 1595; Yaqoob Ahmad v. Mst. Shaista and 2 others 2008 CLC 654; Mrs. Khurshid Begum v. Additional District Judge, Rawalpindi and 2 others PLD 2004 Lah. 395; Mst. Gulnaz Bibi v. Rafaqat Ali Shah and another PLD 2000 Pesh. 23; Shamim Bibi v. Allah Ditta 1992 CLC 1573; Ms. Quratulain Aleem v. Muhammad Rehan Khan and another 2006 YLR 2604 and Mst. Nasreen v. Additional District Judge, with Power of Guardian Judge, Alipur and others PLD 2007 Lah. 576 ref. JUDGMENT HASSAN RAZA PASHA, J.---Through this petition the petitioner has challenged the judgment dated 16-4-2010 passed by Additional District Judge, Rawalpindi whereby he accepted the appeal filed by Mst.…

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