Lower Appellate Court handed over the minor

section 25 of Guardian and Ward Act 1890

Minor, Wefare of – Minor daughter was living iwth her mother and Guardian Court declined to interfere in the custody but lower Appellate Court handed over the minor to her father – Validity – Love and affection of a mother could not be compared with – welfare of minor was to be given paramount consideration for disposal os such like questions i.e. custody of mionr and for that purpose any other consideration, even personal law of the parties was was sometimes preferred to be ignored – whenever any such circumstances existed or controveries were brought before the court, Judge performed his jurisdiction like parents- Tearing apart the minor from lap of her mother, who at such stage, for the sake and better ment of mior, even was taking risk of her matrimonial life with her second husband, would affect mental, psychological and physical uplift of the mior – High court in exercise of constitutional jurisdiction, set aside the judgment and decree passed by  Appellant court and restored that the Guardian Court – Petition was allowed

2013 CLC Lahore 235