Temporary custody of minor—Father, working abroad

2019 C L C 1352
[Peshawar (Bannu Bench)]
Before Shakeel Ahmad, J
MUJEEB UR REHMAN and 2 others—-Petitioners
versus
Mst. MEHROON NISA alias Tanzil Begum and 4 others—-Respondents

—-S. 12—Temporary custody of minor—Father, working abroad—Petitioner assailed the order of Guardian Judge whereby he had directed delivery of interim custody of the minor child to his mother—Validity—Petitioner was serving abroad and was not residing in Pakistan—Minor was totally at the mercy of his paternal grandfather and cousin of petitioner, hence, for all practical purposes minor was not having paternal love—Company of grandfather and cousin of petitioner could not be a substitute of mother and father—Maintenance of a child was the responsibility of father—Minor could still have the same level of education and treatment while remaining under the shadow of his mother—Custody of minor could not be allowed to shuttle between the parties—Order passed by Guardian Judge under S. 12, Guardians and Wards Act, 1890 was not to be interfered unless there were compelling circumstances to change the custody—Order of temporary custody of the minor being interim in nature was subject to decision in the main case—Findings of courts below with respect to the interim custody of minor were unexceptional—Trial Court was directed to pass an appropriate order for production and visitation of minor—Constitutional petition was dismissed, accordingly

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