1988 PLP 1359 (SCMR)

JAVID IQBAL, J.‑‑This petition for leave to appeal has been filed by Ch. Nazir Ahmad petitioner claiming custody of his minor daughter from respondents Nos.3 to

5. Mst.Farzana, his daughter is at present residing with her maternal‑grandmother. The parties came to an interim settlement which has been reduced into writing and placed on record. An order was therefore, passed on 8th December, 1987 in this case and the case was adjourned for one month to enable the parties to work out the arrangements successfully. Thereafter vide our order dated 18th January, 1988 the present interim arrangements were ordered to continue for another period of three months. Now an application has been filed on behalf of the petitioner praying that respondents 3 to 5 may be submitted to medical examination. It is stated in the application that the High Court gave the custody of Mst.Farzana to her maternal‑grandparents who were too old, infirm and feeble to look after the minor girl. The maternal grandmother of the minor was more than 80 years old and her maternal‑grandfather was aged between 85 to 90 years. It was submitted that they were not in proper condition to look after the minor. Today before us were present Mst.Farzana, her maternal‑grandmother as well as maternal‑uncle. On the other side the petitioner‑father Ch.Nazir Ahmad was also present along with his learned counsel. The position is that Ch.Nazir Ahmad petitioner was married to the mother of Mst.Farzana and this marriage broke up and the petitioner divorced his wife who came along with Mst.Farzana, while she was a small child, to live with her parents. Afterwards the petitioner remarried and has now children from his second wife. They are living with the petitioner. On the other side the mother of Mst.Farzana had also got remarried and is living with her husband. Minor Farzana is thus living with her grand parents and maternal‑uncles as well as their wives. She appears to be aged about 14 years now and studies in the sixth class of a Convent school. She appears to be an intelligent girl. We asked her if she would be willing to reside with her father but she categorically stated that since she had been from her childhood brought up by her maternal‑grandparents she would only like to stay with them and not with the petitioner. The petitioner before us levelled the allegation that not only the maternal‑grandparents were old and infirm and could not look after her but they make her work in their house as a servant and did not give her proper education. In reply Mst.Farzana told us that these allegations were false. She did not work as a servant in her maternal‑grandparents' house but regularly went to school and that furthermore if she was lagging behind in her studies it was only because the petitioner has been a constant disturbance for her. We have heard learned counsel for the parties. In the light of what has been stated above, in our considered opinion the custody of Mst.Farzana should remain with her maternal‑grandmother as ordered by the Lahore High Court Bahawalpur Bench vide judgment dated 23rd May, 1987 in Writ Petition No.1166 of 1986/BWP. This petition is consequently dismissed. M.I./N‑72/S Petition dismissed.