Guardianship to mother was dismissed.

 Guardianship to mother was dismissed.
2021 MLD 817 ISLAMABAD
Side Appellant : Ms. SHAZIA AKBAR GHALZAI
Side Opponent : ADDITIONAL DISTRICT JUDGE, ISLAMABAD (EAST)

Ss.7, 17, 19 & 41---Constitution of Pakistan, Art.199---Constitutional petition---Guardian, non-appointment of---Minor (son) was of three months old when his Mother/petitioner left him and went abroad to complete her Ph.D---Minor was looked after by his father/respondent---On her return to Pakistan mother/petitioner sought guardianship of minor but the same was refused by Guardian Court and the order was maintained by Lower Appellate Court---Validity---Father of minor was his/her natural guardian and welfare of child was best served when he/she remained under father's guardianship---Question as to how welfare of child would be best served in appointing a guardian instead of father could only arise when father was either not alive or was determined by Court to be unfit as guardian--- Court was not vested with any authority to appoint a guardian in place of father when father was alive and was not unfit to be guardian--- Even where father was found to be unfit to be guardian and another person was appointed in his place, such other guardian's authority ceased once circumstances leading to father declared unfit had changed and he was no longer deemed unfit by Court--- No one could be appointed guardian in father's place unless father was found unfit to serve as guardian of his child and onus to establish that the father was unfit was on the person bringing such claim--- Father/respondent was natural guardian and welfare of the child was in vesting responsibility of guardianship in him unless he was unfit for the purpose and declared so by a Court--- Constitutional petition was dismissed, in circumstances.