Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary Pending

Summary: (a) Guardians and Wards Act (VIII of 1890)-------Ss. 17 & 25---Custody of minors---Important factors requiring consideration bycourt---Scope---Mere entitlement of father as natural guardian of minors would not besufficient to decide such question---Prime consideration while deciding custody ofminors would be their welfare keeping in view character and capacity of their proposedguardian.(b) Guardians and Wards Act (VIII of 1890)--------Ss. 12, 17 & 25---Custody of minor son and daughter---Contest between minors'maternal grandmother and their father serving in Pakistan Rangers having second wife---Validity---While deciding question of custody of minors, prime consideration would betheir welfare while keeping in view character and capacity of proposed guardian---Mereentitlement of father as natural guardian of minors would not be sufficient to decidesuch question---Minors had developed profound attachment with their grandmother asthey were born in her house and had been living with her since death of their mother----Father for serving in Pakistan Rangers had admitted to be visiting house with interval of1-1/2 months---Minors in absence of father would be at mercy of step-mother, fromwhom good treatment towards them could not be expected---Lap of maternalgrandmother for minors would be better than lap of step mother---Grandmother beingof middle age was neither suffering from any ailment nor unable to look after minorsproperly---Father had filed guardian petition after coming to know about decree passedagainst him for recovery of maintenance of minors---Father had paid maintenance tominors after a considerable period and that too after issuance of warrants of his arrest inexecution of such decree---Evidence on record showed that when one foot of minor sonwas to be operated, then father refused to pay his medical expenses on ground that therewas no need for the same---Such earlier conduct of father would be a relevant factor fordeciding question of custody and welfare of minors---Non-payment of maintenance tominors would be one of the factors requiring consideration while deciding question ofwelfare of minors---Father had not given reasonable justification for non-payment ofmaintenance to minors for a considerable long period---Non-payment of maintenancewithout any justification would be considered a valid ground to disentitle father fromcustody of minor children---Grandmother, if not having source of income, would notbecome disentitled to have custody of minor grand children as father was bound tomaintain them wherever they might be living---Character and capacity of father incircumstances had disentitled him to have custody of minors---Maternal grandmotherwould be preferred over real father as interest of minors would be well saved in hercustody---Father was refused custody of minors, but wasallowed to have meeting with minors within court's premises on Ist Saturday of each month subject to furnishing surety bond and payment of Rs.500/- as traveling expenses for each meeting.Bashir Ahmad v. Mst. Rehana 1978 SCMR 192; Mst. Saddan v. Muhammad Nawaz andanother 1991 CLC 1238; Karim Bakhsh v. Muhammad Bakhsh 1997 CLC 316;Muhammad Iqbal v. Additional District Judge, Bhalwal and 2 others 2000 CLC 108;Sharifan Bibi v. Judge, Guardian Court, Daska and 3 others 2005 CLC 529; Mst. JamilaBibi v. Shabbir Ahmad and 2 others 2006 CLC 207 and Mst. Rashida Bibi v.Muhammad Ismail 1981 SCMR 744 ref.Bashir Ahmad v. Mst. Rehana 1978 SCMR 192; Karim Bakhsh v. Muhammad Bakhsh1997 CLC 316; Zahoor Ahmad v. Mst. Rukhsana Kausar(?) and 4 others 2000 SCMR707; Muhammad Iqbal v. Additional District Judge and 2 others 2000 CLC 1264;Muhammad Iqbal v. Additional District Judge, Bhalwal and 2 others 2000 CLC 108 andMst. Saddan v. Muhammad Nawaz and another 1991 CLC 1238 rel.(c) Guardians and Wards Act (VIII of 1890)-------Ss. 17 & 25---Custody of minor children---Non-payment of maintenance to minorsby father without reasonable justification---Effect---Such non-payment would be a validground to disentitle father from custody of minor children---Illustration.Mst. Rashida Bibi v. Muhammad Ismail 1981 SCMR 744 ref.Muhammad Iqbal v. Additional District Judge, Bhalwal and 2 others 2000 CLC 108 rel.

Summary: O.IX,R-13,S.12(2) CPC:Suit for damages,setting aside of ex-parte decree,law helps the vigilant & not the indolent

Summary: S.13 Pre-emption Act:Requirements of Talabs (Talb-e-muwathibat)

Summary: Summary pending.