Section 17 Guardians and Wards Act (VIII of 1890) ==== Restriction on movement of ward/ minor-- Direction by Trial Court not to remove ..............

 2018 PLD 377 Sindh High Court

--Section 17 Guardians and Wards Act (VIII of 1890) ==== Restriction on movement of ward/ minor-- Direction by Trial Court not to remove the minor from the jurisdiction of the Court-- Welfare of minor -- While dismissing the application of father for permanent custody the Trial Court directed both the parties not to remove the ward from the jurisdiction of the Court and to deposit the passport of minor-- Appellate Court upheld the order of Trial Court on the basis that if the minor was removed from the jurisdiction of the Trial Court, the father would be deprived of visitation rights and would be seriously prejudiced; held, that visiting rights of father was only a part that played a role in the welfare and well-being of the child but it did not form the entire ingredient or composition in the upbringing and grooming of a child---Minor belonged to a family which could afford a better upbringing, education and environment either in Pakistan or anywhere in the world---Courts below should not have seen welfare of the minor only from the angle that the father would miss his opportunity to see his child but it also had to be seen whether a ward who was capable of studying abroad, in case opportunities were available to him, should be deprived on account of the fact that father must not miss his visiting opportunities---Every child has its own peculiar circumstances and his welfare demands may vary---Restriction on movement, in the present case, appeared to be a tool to settle score with the mother but it would not serve the welfare of the minor---High Court set-aside the restriction on movement of the ward and directed that the passport should be returned to the ward; that the ward was at liberty to travel and to be admitted in any best available educational institution, be it in Pakistan or foreign country as desired by the mother, however the selection of the institution shall be subject to approval and permission of the father; that the father shall not be unreasonable in issuing no objection to the admission of the ward to any school, college or university; that any movement of the ward away from the foreign country where the mother desired to take the child for educational benefit or change of school and college etc, within or outside the foreign country, shall be subject to permission of father, however he shall not be unreasonable in considering such request of change of institute and should not withhold such permission in case it was meant for the welfare of the ward; that the father was at liberty to visit the ward at least once in 15 days and/or as many days as agreed between the parents; that insofar as the winter or summer vacations were concerned, father had a right to be with his son and father may travel to him, if he so desired to spend vacation for any period, which may not exceed 30 days during summer vacation and 15 days during winter vacations, or the parties may set a schedule annually on such terms and conditions as they deemed fit and proper-- Constitutional petition disposed.