Law: Guardians and Wards Act, 1890

Section: 17(3),25

Law: Constitution of Pakistan, 1973

Section: 199

(a) Guardians and Wards Act (VIII of 1890)--- ----S. 25---Constitution of Pakistan (1973), Art.199---Constitutional petition---Appointment of guardian---Respondent brought a petition under S.25 of Guardians and Wards Act, 1890 with the assertion that she was married to the, petitioner and out of the wed-lock minor daughter was born---Guardian application was allowed and appeal filed by the petitioner was dismissed by Appellate Court---Contention of the petitioner was that respondent intended to shift the minor to her brother's home in another city where the young children of her brother had been residing who were strangers to the minor girl---Petitioner further contended that respondent had neither proper residence to live nor proper source of income---Young girl aged 10/12 years could not be left at the mercy of her cousins---Petitioner having contracted second marriage did not disentitle him to the custody of the minor---Minor seemed perfectly happy, healthy, well-adjusted, confident and emotionally stable and by handing her custody over to her mother would be subject to the risk of traumatizing a child---Both the Trial Court and the Appellate Court have failed to exercise the parental jurisdiction vested in them, High Court accepted the constitutional petition by setting aside both s of the courts below---Constitutional petition was allowed. PLD 1987 Lah. 383 and 1994 MLD 796 ref. 2000 YLR 3046 and PLD 1992 Lah. 1441 rel. (b) Guardians and Wards Act (VIII of 1890)--- ----Ss. 17(3) & 25---Constitution of Pakistan (1973), Art.199---Constitutional petition---Appointment of guardian---Wishes of the minor---Minor had shown her reservation towards her real mother because minor had been neglected by her and there had been no interaction between the mother and minor---Mother and maternal side of the family were virtually strangers to the minor---Minor wished to remain with her father and his family where she was studying properly---Both Trial Court and the Appellate Court had failed to exercise the parental jurisdiction vested in them in its true sense as they had not taken into consideration the wishes of the minor in terms of S.17(3) of Guardians and Wards…

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