2016 PLP 1433 (YLR)

ALI BAQAR NAJAFI, J.

This order shall dispose of the instant writ petition as well as W.P.No.26488 of 2014, titled, "Muhammad Ashraf v. Mst. Uzma Qamar etc." Crl. Original No.1883-W of 2015, filed in W.P.No.26492 of 2014, titled" "Muhammad Ashraf v. Mst. Uzma Qamar etc." and Crl. Original No.1882-W of 2015, filed in W.P.No.26488 of 2014, titled "Muhammad Ashraf v. Mst. Uzma Qamar etc." as common question of law and facts are involved.

2. Brief facts giving rise to the filing of these petitions are that the petitioner/Muhammad Ashraf married respondent No.1/Mst.Uzma Qmar, on 27.11.2004 and from their wedlock two minor sons namely, Muhammad Usman and Muhammad Subhan were born who are in the custody of respondent No.1. On 09.04.2010, respondent No.1 went to her parents' house with the promise to come back after 2/3 days but later on she refused. The petitioner time and again requested respondent No.1 to come back in his house for the welfare and proper upbringing of the minors but all in vain. She then filed a petition under section 491, Cr.P.C. before the learned Sessions Judge who handed over temporary custody of the minors to her/mother against which the petitioner filed W.P.No.19183 of 2010 before this Court in which it was observed that untill the final determination regarding custody of the minors by the Guardian Court the petitioner was allowed to have the custody temporarily of his son namely, Muhammad Usman only on every Saturday at 11:00 a.m. till 4:

00. Thereafter, the petitioner filed guardian petition on multiple grounds which was contested by respondent No.1 who denied all the allegations leveled against her. Issues were framed, evidence was recorded and consequently, learned Guardian Judge, Okara, dismissed the petition by observing that the petitioner is entitled to get the custody of the minors on every Saturday at 3:00 p.m. and will return the minors on Sunday at 3:00 p.m. and also entitled to get minors for Eid-ul-Azha for three days, besides for the month of July of every year in summer vacations and in the last week of December of every year during winter vacation. The petitioner preferred appeal against the order passed by the Guardian Judge which was dismissed vide order dated 30.08.2014, with modification that minor was allowed to see father only once a month on saturday which are being assailed through these writ petitions.

3. Arguments heard. Record perused.

4. In the instant case custody of the minors namely, Muhammad Usman (born on 11.09.2005) and Muhammad Subhan (born on 09.07.2008) is being sought by the petitioner being the real father. The courts below have concurrently given their custody to respondent No.1/mother but made out a schedule for their meeting with the father on every week end. Since marriage has been dissolved and the maintenance of the minor children is being paid regularly by the petitioner, but minor children are studying in class-1 and 4 respectively and their outstanding results have been shown to this Court which demonstrates that so far they are getting excellent education. Even otherwise, they appear to be very confident in their behaviour and respectful for their father. But this Court on the overall facts and circumstances has to ascertain whether the welfare of the children lies in the custody of the father or mother?. It is obvious that the confidence shown and achievements so far made by the minors are due to care and attention paid to them by their mother. She has also not contracted 2nd marriage and appears to be committed with the minor children.

5. By now it is universally accepted that the lap of the mother is the best protection for a minor on this earth as her incomparable love is the direct manifestation of the greatest attributes of Almighty Allah. Psychologically, the development of child's personality is directly proportion to the level of care and attention given by her mother. Any admiration of the minor in his academic or extra-curricular activities is quickly received by his mother, and likewise, any reprimand or condemnation will take no time to reach her mother. If the minors are appreciable in their conduct before this Court, the mother should be given credit rather than discredit and should not be deprived from the custody of the minors for their further grooming. Even the best intention or acts of the father cannot possibly substitute the company of the mother. So, ignoring the conduct of the father, which he might have adopted out of his pure love for the minors, it is appropriate that he should be allowed to meet the minors as per schedule made out by the Guardian Court and not by the Appellate Court. The petitioner is entitled to get the custody of the minors on every Saturday at 3:00 p.m. and will return the minors on Sunday at 3:00 p.m. and also entitled to get minors for Eid-ul-Azha for three days, besides for the month of July of every year in summer vacations and in the last week of December of every year during winter vacation.

6. For the above stated reasons, all these petitions have been found meritless and are hereby dismissed with above modification. SL/M-23/L Petitions dismissed.