Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: GHULAM HUSSAIN VS Respondent: Mst. BAKHAN
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, M. S. H. Qureshi Title: GHULAM HUSSAIN vs Mst. BAKHAN Case No.:Civil Petition for Special Leave to Appeal No. 463 of 1982 Civil Revision No.
658 of 1981 Date of Judgment:1985-05-25 Reported As: 1985 SCMR 1917 Result: Petition dismissed Judgment ORDER ASLAM RIAZ HUSSAIN, J.--Ghulam Hussain petitioner seeks leave to appeal against the judgment of the High Court, dated 27-1-1982, dismissing his civil revision in a guardianship matter. 2. The petitioner was married to Mst. Bakhan respondent. A daughter (Mst. Zainab) was born out of their wedlock. Thereafter, differences arose between the parties which led to divorce. Mst. Zainab was only 3 years old at that the. The petitioner filed an application for her custody under section 25 of the Guardians and Wards Act, 1890, in which he made wild allegations against her ex-wife, including her being a woman of bad character. The application was, however, dismissed. The petitioner then approached the High Court. His civil revision was dismissed. 3. The main ground pressed before the High Court was that the respondent (mother of Mst. Zainab) had been suffering from Tuberculosis. No medical evidence was produced to establish this allegation. As stated earlier the civil revision was dismissed by the High Court. 4. We have heard the learned counsel for the petitioner and gone through the impugned judgment. He has not been able to show that welfare of the minor does not lie with her mother. On being questioned he also informed us that while the petitioner (Ghulam Hussain father of the minor) has remarried, the mother of the minor, Mst. Bakhan, respondent has not remarried so far. This fact also goes in favour of the respondent and we feel that the Courts below have rightly held that the welfare of the minor lies in her mother. The petition is, therefore, dismissed as having no merit.