Guardianship petition

2016 YLR 1433 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 9 & 12Guardianship petitionWelfare of minor, determination ofTemporary custody of minors

Guardian Court, while dismissing the guardian petition, gave custody of two minor sons to the respondent/mother and allowed the petitioner/father to get their temporary custody on every Saturday for twenty-four hours, for three days on Eid-ul-Azha, for the month of July of every year during summer vacations and for the last week of December of every year during winter vacations

Appellate Court upheld the order of the Guardian Court with the modification that the minors were allowed to see the father only once a month on Saturday

Validity

Confidence shown, and achievements already made, by the minors were due to the care and attention by their mother

Mother had not contracted second marriage, and she appeared to be committed with the minors

Development of child's personality was directly in proportion to the level of care and attention given by the mother

Mother should have been given the credit of the appreciable conduct of the minors

Best intention or acts of the father could not possibly substitute the company of the mother

High Court, maintaining the concurrent findings of the courts below, restored the meeting schedule as set out by the Guardian Court

Constitutional petitions were dismissed in circumstances.