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1991 SCMR 353

Mst. KANEEZ SUGHRA vs Syed MUSHTAQ HUSSAIN SHAH And Other

Citation1991 SCMR 353
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 240 of 1989 Writ Petition No. 1602 of 1988
Date1989-05-23
Judge(s)Ghulam Mujaddid Mirza, Saad Saood Jan
ResultOrder accordingly

ORDER

SAAD SAOOD JAN, J.---This petition for special leave to appeal arises out of proceedings initiated by respondent No.1 for the custody of his minor son aged about 9 years now. The learned Guardian Judge allowed his application after holding that it was in the welfare of the minor that his custody should be with his father. This finding was upheld by the Additional District Judge in appeal. The petitioner's writ petition in the High Court failed when it found that the concurrent findings of the Additional District Judge and the Guardian Judge were well founded.

2. In this petition the petitioner, who is the mother of the minor contends that the High Court as well as the subordinate Courts were wrong in holding that the welfare of the minor lay in awarding his custody to respondent No.1, who is his father.

3. After hearing the learned counsel we are not persuaded that any case for interference with the findings of the High Court and the subordinate Courts has been made out. However, respondent No.1 has made an offer that the minor may stay with the mother from Saturday to Wednesday and then spend the other two days of the week with his father; further, the minor should spend the first half of the summer vacation with the father. The expenses for bringing the child to the house of the father and then returning him to the house of the mother will be borne by the father. Taking into account all the circumstances of this case, we think this is a fair offer and in the interest of the minor. We would accordingly convert this petition into appeal and make an order in terms of this offer. There will be no order as to costs.

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