So far as the re-marriage of respondent
No.1, it has been specifically laid down in PLD 2000
Peshawar 23, which reads as under:-
“Father neither had any source of income, nor
he owned any property----
Mother was
graduate and a teacher in a school of good
standard and was leading a responsible life
and there was nothing on record to indicate
that she was woman of bad character---
Application for appointment of guardian filed
by the father was dismissed by the Guardian
Judge whereas Lower Appellate Court
accepted the same in appeal--Contention
raised by the father was that the mother had
contracted marriage with a person stranger to
the minor---
Validity, Basic criteria for the
appointment of the guardian and the
restoration of the custody was welfare of the
minors---While dealing with such an
application, the Court had to pass its findings
on the conditions laid down in Ss.17 & 25 of
Guardian and Wards Act, 1890---
Right of
parents regarding the interest and control of the children was not to be exercised in the
interest and the benefits of the parents but in
the interest and welfare of children
themselves---
Father was, though, a natural
guardian yet his right was also subordinate to
the welfare of the minors---Lower Appellate
Court had failed to consider the fundamental
criteria of welfare of the minors while dealing
with appeal filed by the father---
Re-marriage
of the mother did not disqualify her for the
custody of her children in circumstances---
Factors of re-marriage of a woman and
custody of minors had not been made
reciprocal in Guardian and Wards Act, 1890--
-
Order passed by Lower Appellate Court was
set aside and that of the Guardia Judge was
restored.”
Part Judgment of
Lahore High Court
Writ Petition-Family-Guardianship
5828-13
