Appointment of Guardian PLD 2008 Karachi 198 Case Laws, Citations and Latest Judgments regarding Appointment of Guardian, Section 12,25 & 47__West Pakistan Family Court Article 199 Constitution of Pakistan. Appointment of guardian and custody of minors– one of the minor was of about 8 years while other was about 5 1/2 years old– petitioner, who was father of minors was Shia and had sufficient means to look after the welfare of minors, and also to provide them better means for their to handing over the temporary custody to the mother and no evidence was available on record to the effect that during temporary custody of mother, minors were going to school — mother of minors was residing with her three brothers, one of whom was a convicted person an d was residing abroad–Record has also shown that the family atmosphere of father was much better for future growth of minors as mother of the father was retired principal of a School, his elder brother was running his own school and his second brother was getting education in Australia — Father had sufficient source of income to maintain the minors in better way– Father and mother had equal love with the children, more so minors needed love, affection, better education, mental and physical health and civil and social atmosphere– Children should be brought up according to the Sect/religion of their father– both courts below while granting temporary custody of minors to mother had not considered said facts and circumstances and had misread evidence available on record and had not properly appreciated the evidence–impugned Judgments were set aside and petition by father was allowed as prayed for and he was appointed as guardian of the minors till the age of their majority as welfare of minors lay with him.
