2005 PLP 121 (YLR)

S.491

Guardians and Wards Act (VIII of 1890), S.25

Constitution of Pakistan (1973), Art. 199-Custody of minor girl-- Father of the minor was stated to have proceeded abroad in connection with his employment

Grand father of minor, present in the Court had given statement in writing that he would ensure well being of minor and also undertook that minor's hand would not be given to any other person nor she would be engaged

Grand father bound himself to keep such commitment as long as minor girl attained majority

Mother of minor also undertook that she would look after her and she would not do anything that could cause injury to welfare and well being of the minor

Mother of minor would provide free access and liberty to paternal relations to visit minor at all reasonable time and by consent they would be allowed to take minor

Brothers of minor also bound themselves not to take any step that could prejudice the interest of minor in any manner and would restore minor to mother without any legal process

Parties agreed that such arrangement would continue as long as issue of minor's custody was not decided by Guardian Court if at all such issue was agitated otherwise parties could continue with such working relationship. Jai Jai Veshno for Petitioner. Asif Ali Abdul Razak Soomro for Respondents Nos.2 and

3. Mushtaque Ahmed Kourejo for the State. Pursuant to direction of this Court minor baby Guddi, daughter of petitioner and respondent No.1 has been produced. Minor appears to be properly maintained and well kept. Minor has also shown affection towards the petitioner and both have embraced each other which shows that the minor has similar affection for her mother. Petitioner unfortunately now separated from respondent No.1 have left the minor in most vulnerable position. It is not expected that she could make sane decision to choose between either of the parents for her both may be affectionate and lovable. It is in the interest of the minor that she may be accessible to both the parents and maternal and paternal relations and cousins. It is indeed appreciable that both the learned counsel have endeavoured to resolve this sorry state of affair in conducive amicable manner. Concern of both the parties about well-being of minor is understandable on account of differences between the elders, minor should not be made to suffer good-will gesture as displayed by both the parties is appreciated by the Court. Without entering in to factual controversy, in this proceeding as it may be cause of further irritant between the parties. For the satisfaction of the respondents party respondent No.1 who is father of the minor is stated to have proceeded abroad in connection with his employment. Respondents Nos.2 and 3 are brothers of the minor. In order to dispel their concern the grandfather of the minor Abdul Wahab who is present in person and Muhammad Bux Lashari Nekmard have given statement in writing that they will ensure the well being of the minor and also under took that minor's hand will not be given to any other person nor she shall be engaged and they bind themselves to keep such commitment as long as minor attains the majority. Petitioner also undertake that she will look after and she will not do anything that may cause injury to the welfare and well-being of minor. The petitioner shall provide free access and liberty to the respondents to visit minor at all reasonable time and by consent they shall be allowed to take minor so that she may visit her paternal relations and cousins for which the respondents Nos.2 and 3 also bind themselves not to take any step that may prejudice the interest of the minor in any manner and shall restore the minor to the mother without any legal process. The parties agree that such arrangement will continue as long as the issue of minors custody is decided by the Guardians and Wards Act if at all such issue is agitated otherwise the parties may continue with such working relationship. In view of the above, the petition having served out its purpose stands disposed of in terms set out above. H.B.T./K-29/K Order accordingly.