' SYED SAKHI HUSSAIN BOKHARI, J--- These appeals by leave of Court are directed against the order, dated 26-12-2008 passed by Lahore High Court, Multan Bench where by Writ Petitions Nos.7434 and 7435 of 2008 brought by appellant were dismissed.
2. Relevant facts for the disposal of these appeals are that Iqbal Hussain (respondent No,3) was marred to Ghazala Shaheen (appellant's daughter) about 13 years back and out of this wed-lock Memona Hussain was born. She is now aged about 8 years. Mst. Ghazala Shaheen died on 6-3- 2006. Now minor (Memona Hussain) is with the appellant. Iqbal Hussain respondent filed application under section 25 of Guardians and Wards Act for custody of minor whereas appellant had filed application for her appointment as guardian of the minor. Learned Guardian Judge, Multan consolidated the applications, recorded evidence and accepted the application brought by respondent whereas application brought by appellant was dismissed vide order, dated 23-9-2008.
The appellant filed appeals thereagainst which were dismissed vide judgment, dated 1542-2008 passed by District Judge, Multan. The appellant filed Writ Petitions Nos.7434 and 7435 of 2008 against the said order which were dismissed vide impugned order. Hence these appeals.
3. We have heard the arguments and perused the record. As mentioned above. Iqbal Hussain, respondent No,3 was married to Mst. Ghazala Shaheen (appellant's daughter) and out of this wedlock Mamona Hussain minor was born who is now aged about 8 years. Mst. Ghazala. Shaheen had died on 8-3-2006. The minor is with her maternal-grandmother (appellant). As stated earlier minor is daughter of respondent No,3 and Mst. Naseem Akhtar (Appellant) is maternal- grandmother of minor. Keeping in view age of minor we find that there should be a woman to look after the minor. There is no lady in the house of respondent No,3 to look after the minor. The appellant is present in Court and she appears to be healthy. She states that she has permanent source of income and that she would not claim maintenance allowance of minor from respondent.
4. Admittedly Iqbal Hussain, respondent is serving as Tehsildar therefore, keeping in view nature of his job/duty, we find that he would not be able to look after and bring up the minor properly. The appellant is woman and maternal-grandmother of minor, therefore, it is in the welfare of the minor that she should remain with appellant. The paramount consideration for custody is welfare of minor. As mentioned above. It is in the welfare of Mamona Hussain that she should remain with her maternal-grandmother. As such impugned judgments are not sustainable in law and the same are liable to be set aside.
5. The upshot of the above discussion is that these appeals are accepted, impugned orders are set aside' and application for custody of minor brought by Iqbal Hussain (respondent No,3) is dismissed whereas application brought by appellant is accepted. However, respondent may repeat application after about 5 years when minor becomes of some mature understanding and attains the age of 13 years. His application shall be decided on merits and in accordance with law.
However, respondent being father has right to meet the minor twice a month. The appellant shall bring the minor in the Court of Senior Civil Judge, Multan on 1st and 3rd Saturday of every month (from 10 a.m. To 11 a.m.) for meeting with respondent. No order as to costs.