MUNAWAR AHMED MIRZA, J.---This appeal, by leave of the Court, is directed against judgment dated 8-4-1996 passed by Lahore High Court in Writ Petition No,5802 of 1995.
2. Short facts necessary for deciding controversy between the parties are that, appellant was married to respondent No,1 (Zahoor Akhtar Raja) on 3-1-1986. Their relations become strained and eventually marriage was desolved on 12-11-1990. Three sons were born out of wedlock, whose names with details about their date of birth and present place of study are mentioned below:- Name Date of birth Place of Study
1. Umar Zahoor Raja:22-12-1986. Lawrance College, Muree
2. Haris Zahoor Raja:3-11-1987. -do-
3. Khalid Zahoor Raja:10-9-1989. -do-
3. Appellant towards 22-2-1993 has submitted a Petition No,100/GC of 1993 under section 25 of the Guardian and Wards Act, seeking custody of her abovenamed sons. Learned Guardian Judge eventually dismissed the petition on 12-1-1995. Appellant challenged said decision before District Judge, Lahore by way of Ci'il Appeal No, 14 of 1995, which was also rejected. Lahore High Court by means of judgment dated 8-4-1996 declined to interfere in the above decisions and rejected Writ Petition No,5802/95, which has been assailed through present appeal.
4. Ms. Asma Jehangir, Advocate Supreme Court, for the appellant strenuously urged that the minors are of tender ages, they have been intentionally kept in a hostel far away from Lahore to deprive their mother any possibility of meeting them. It was contended that father being preoccupied has neglected the children and unjustifiably denying them parental love and affection which is most imperative for their up-bringing and shaping future character.
5. Mr. Gul Zarin Kiani, Advocate Supreme Court, for respondent in reply, however, canvassed that all the three children are above 9 years of age and, therefore, under personal law mother does not have any entitlement forclaiming their custody. He maintained that children are being looked after properly and lodged in one amongst best educational institution of the country. However, it was submitted that respondent being directly concerned about welfare of his children never objected to appellant's meeting them and he would be prepared for any fair and reasonable arrangement whereby appellant without affecting their educational programme could meet them.
6. We have given our anxious thought to all the aspects. No doubt, father is a natural guardian and mother in case of male children looses right of 'Hazzanat' after they attain age of seven (7) years.
However, paramount requirement which must be kept in view for determining future arrangement of custody or temporary residence of the minors revolves around their welfare. It is settled principle that Guardianship Courts while dealing with matters relating to custody of minor children exercise parental jurisdiction. Therefore, strict adherence to procedure or rules is not pressed into service.
Evidently rigid formalities and technicalities overcoming minor's welfare can be safely ignored.
7. Thus, considering the broad details of the present case and background of circumstances we have no doubt that respondent by educating the children at Lawrance College Murree is providing them proper educational facilities. Therefore, it would not be fair to disturb the right of respondent regarding their custody. However, we simultaneously feel that character of the child is not fully developed in the absence of maternal affection. It is unfortunate that parents have fallen apart, nevertheless, why should the minors be allowed to permanently suffer despite possibility to provide them benefit of mother's affection, specially when appellant is still unmarried. Learned counsel for respondent has fairly shown willingness of respondent to any arrangement which is found to be beneficial for the minors. We, therefore, feel that it would be just and proper if above children are allowed to spend half portion of their summer and winter vacations with their mother. For the above reasons we direct that:-
(i) The children will stay with their mother half period at Lahore during summer and winter vacations from Lawrance College Murree.
(ii) The mother will have right to see her children once in a month in the College after obtaining necessary permission from the Principal of the College.
' The appeal is disposed in above terms, with no order as to costs.