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Civil Petition for Special Leave to Appeal No. 30 of 1975, decided on 14th February, 1981.
(On appeal from the judgment and order of the Lahore High Court, dated 18th dune, 1975, in F. A. O. 18/75).
___ S. 25 --Guardian, appointment of-Orders of Courts below well -reasoned and supported by attending evidence and circumstances duly brought on record-No omission or misreading of evidence pointed out-Even otherwise minor having beers 16/17 years old her custody should remain with her mother, she being in a better position to look after her and to impart her such guidance which in such age could only be given by a mother properly.
Kh. Farooq, Advocate Supreme Court and S. Inayat Hussain, Advo cate-on-Record for Petitioner.
Nemo for Respondent.
Date of hearing : 14th February, 1981.
-Noor Muhammad, petitioner, filed an application for custody of her minor daughter Mst. Shahnaz. The application was dismissed by the learned Guardian Judge on 28th November, 1974, on the ground that in the circumstances brought on the record the welfare lay in letting the custody of the minor remain with her mother Mst. Bakhan, respondent herein. The petitioner filed an appeal being F.A.O. 18/75 but without any success as it was dismissed by the High Court on 18th June, 1975. The petitioner has come up in a petition for special leave to appeal against the same to this Court.
2. Learned counsel argued that the view of the Courts below that the welfare of the minor girl lay in letting her custody remain with her mother was not correct. The contention has no merit. The orders of the Courts below are well reasoned and supported by attending evidence and the circumstances duly brought on record. Learned counsel has not been able to point out any omission or misreading to us. Even otherwise the minor is, as we were told these days o: about 16 or 17 years of age and -in our opinion this is a high time that her custody should remain with her mother who would be in a better position to look afte her and to impart her such guidance which in such age can only properl be given by a mother.
3. The result is that this petition has no merit and is dismissed,
Petition dismissed.
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