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1990 SCMR 455

Mst. KANEEZ BIBI vs MUHAMMAD BAKHSH and others

Citation1990 SCMR 455
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 372 of 1989
Date1989-06-21
Judge(s)Ghulam Mujaddid Mirza, Muhammad Afzal Zullah
ResultPetition dismissed

ORDER

1. ' GHULAM MUJADDID, J.--The petitioner seeks leave to appeal against the judgment of the Lahore High Court dated 31-1-1989. The High Court by means of the impugned judgment dismissed the Constitution petition where by the petitioner had prayed that the order of the District Judge dated 22-7-1984 be set aside and that of the Guardian Judge dated 21-5-1983 restored.

2. ' The Guardian Judge, Jhang, gave custody of the minor to the petitioner. Muhammad Bakhsh, father of the minor, filed appeal. The District Judge allowed that. The petitioner invoked the Constitution jurisdiction of the High Court. Hcr petition was dismissed. Hence this petition.

3. ' We have heard learned counsel for the petitioner at some length. He could not urge any legal point but was all along submitting that the petitioner, mother of the minor, was the best suitable person for the custody of the child.

4. ' Learned counsel submitted that the petitioner had been looking after the minor. She had been giving him education. Welfare of the minor which is always of paramount consideration in such like litigation demands that he should remain in the custody of the mother.

5. The High Court took all the relevant facts into consideration and observed, The findings recorded by the learned District Judge in this case even if considered in the light of the evidence of the petitioner as discussed above do not suffer from any misreading or non-reading".

6. ' Judgment of the High Court being in accordance with law calls for no interference. Not a fit case for leave to appeal.

7. ' Dismissed.

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