Blocking of Cnic by family Court, Non payment of maintenance.

2019 C L C 1787
[Sindh]
Before Nadeem Akhtar, J
Mst. NOOR AFSHAN----Petitioner
Versus
MUHAMMAD GHALIB and 3 others----Respondents
C.P. No. S-285 of 2017 and C.M.A. No.8620 of 2017, decided on 19th February, 2019.

Guardians and Wards Act (VIII of 1890)---

----S.25---Custody of minor---Welfare of minor---Re-marriage of mother---Visitation---Conduct of father---Non-payment of maintenance allowance---Effect---Petitioner/mother assailed the order of Appellate Court whereby permanent custody of minor was given to the father/respondent---Appellate Court had granted the permanent custody of minor to the father on the sole ground that the mother had remarried and was now living with her second husband---Validity---Held; such ground could have been applied had the subject minor been a girl---No other justifiable reason was assigned by the Appellate Court for granting permanent custody of a male minor of tender age to his father---Observation of Family Court regarding the conduct of father being negligent and mala fide, was apparent in view of his continuous absence at the time of visitation ordered by the Family Court, impounding and blocking of his CNIC by Family Court and issuance of his non-bailable warrants by the Judicial Magistrate---Father had not complied with the decree of maintenance passed by Family Court in favour of the subject minor---Grant of permanent custody of minor to respondent/father was not in the interest and welfare of the minor---Respondent was, however, granted right of visitation, subject to certain conditions---Constitutional petition was allowed, in circumstances.

Khawaja Naveed Ahmed and Irfan Bhutta for Petitioner along with Petitioner Mst. Noor Afshan (CNIC No.42401-4414382-0) and minor Maaz Ali.