Law: Guardians and Wards Act, 1890

Section: 25

Law: Constitution of Pakistan, 1973

Section: 199

Guardians and Wards Act (VIII of 1890)--- ----S.25---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Custody of minor---Out of two minors, one male and other female, custody of female minor aged 10 years was given to the petitioner/father by the Trial Court, however on filing appeal against the of the Trial Court by the respondent/mother, of the Trial Court was set aside and custody of minor girl was handed over to the respondent mother which was challenged by petitioner in constitutional petition---Grave injustice had been rendered to the minors as they had suffered due to break-up of their home and were being deprived of their love for each other---Minor boy missed his sister---Respondent mother had remarried and in her new family there were too many `Na mehrams' in the life of the minor girl, step father, his sons and his brothers, etc.---Minor girl was at an extremely vulnerable stage of her life---When certain matters were prohibited under Islam, they needed to be taken seriously---Welfare of the minor though was the predominant consideration, both the injunctions of Islam as well as the welfare of the minor, must be given due consideration---For the minor girl to be surrounded by males in the non prohibitory decree, was not in her welfare---Minor girl would never get the love, affection and protection from her step father and step-brothers as she would have from her real father and brother---Direction was issued that for six weeks both the minors be given enough time to establish a bond---Order of the Trial Court was upheld and modified it to the extent of directions that the custody of minor girl be handed over to the petitioner/father after lapse of a six weeks period---Respondent was to be allowed visitation in terms that both the minors would spend every first and third short weekend of the month from Friday to Saturday on a regular basis. THIS ORDER PASSED BY: MS. JAMILA JAHANOOR ASLAM, J.--- This is detailed judgment is subsequent to my short order dated 25-3-2009. The petitioner has filed present Writ Petition No.888 of 2008 impugned judgment/decree dated 11-3-2008. It is averred that the impugned judgment/decree is at…

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