25/04/2024
Though father is a natural guardian of the Minor but court has to consider various parameters while appointment of guardianship:
Under law section 17,25 of GAWA,1890
The court shall have to consider interest and the fundamental importance should be given to the
*_welfare of the child and;
_The age
-Gender
-Religious sect
-Character and capacity of the proposed guardian
-His nearness of kin to the Minor
-And most importantly the wish of the Minor as the court shall not appoint or declare any person to be a guardian against the will of the minor.*
As the second marriage of mother is not entitled to retain her from the custody of minor.Second marriage with a stranger: Solemnizing a second marriage with a person unrelated to the minor may not be sufficient grounds for changing custody *(Sajjad Hussain v. Tahira, PLD 2001 Lahore 186).*
However,the circumstances and bona fides of father in obtaining such declaration needed to be examined keeping in view of the peculiar fact of a case. ( *2018SCMR 427)* in Ss 17 and 25, of GAWA 1890 which enjoin that while appointing guardian of minons, fundamental importance should be given to welfare of miners Wefere d minors if found with the mother, then custody should be given to her and if welfare of man found with the father, then custody should be given to him. Where misors (male) had attained age of seven years of above, it was neither necessary nor obligatory that their custody be given to father. Wellare of the minors was the gulding factor in the matter of delivery of custody, personal law was subordinate to such consideration. Father although a natural guardian yet his right wiss also subordinate to pop the welfare of minor. Overmiding fundamental and paramount consideration was always ta wellare of minors, rather that was the sole criterion which must prevall. [ *1980 CLC 1802, 1984 PLC Tel. 1883 CLC 678; 1980 CLC 1802 rel. PLD 1994 Azad J&K 1].*
