CUSTODY OF MINOR

Citation Name : 2020 YLR 401

LAHORE-HIGH-COURT-LAHORE
Side Appellant : Mst. AYESHA ABDUL MALEEK
Side Opponent : ADDITIONAL DISTRICT JUDGE, SAHIWAL

Ss. 25 & 17---Custody of minor---Welfare of minor---"Intelligence preference" of minor---Scope---Petitioner/mother filed petition for custody of minor daughter whereas father moved application for appointment as guardian ---Petition for custody of minor daughter filed by the mother was dismissed whereas father's application for appointment of guardian was allowed--- Validity--- Paramount consideration while deciding application for custody of minor was welfare of minor and nothing else---Character and capacity of proposed guardian as well as age and sex were important factors to be considered while determining the welfare of minor---court s below summoned the minor for the purpose of "intelligence preference" and she denied to have company with the petitioner mother and showed her willingness to reside with her father---court s below had rightly concluded that petitioner mother was not entitled to the custody of minor daughter and respondent father was entitled to retain her custody as he had sound financial status---Respondent father was looking after the minor properly---Petitioner mother of minor daughter was entitled for visitation rights---No illegality or jurisdictional error had been pointed out in the impugned orders passed by the court s below---Constitutional petition was dismissed, in circumstances.