TAUK ALI vs The ADDITIONAL DISTRICT JUDGE-VI, QUETTA Ss — 2021 YLR 743 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 YLR 743 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: YLR
Parties: TAUK ALI vs The ADDITIONAL DISTRICT JUDGE-VI, QUETTA Ss
Subject matter: Criminal
Provisions referred to: S. 19; Wards Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

TAUK ALI VS The ADDITIONAL DISTRICT JUDGE-VI, QUETTA Ss. 25, 7 & 19(b)---Custody of minor---Guardian not to be appointed by the Court of a minor whose father is living---Father, living abroad---Scope---Petitioner (father of minor) and respondent (maternal grandmother of minor) both sought custody of minor---Petitioner sought custody of minor on the grounds that the mother of minor was murdered by unknown assailants; that he (father), among others, was nominated in the FIR; that he himself had handed over the custody of minor to the respondent for some days, however she later on refused to hand over the custody; that she was an aged woman and that she had no source of income---Trial Court dismissed both the petitions whereas appellate court accepted the appeal of respondent and dismissed that of petitioner---Validity---Petitioner and stepmother of minor were nominated in the FIR for murder of minor's mother---Petitioner was a businessman who remained outside the country for his business and in such situation minor would have to live with the stepmother who was an absconder in murder case of her real mother---Petitioner could not prove that the environment of respondent's house was not conducive to upbringing of the minor---Order passed by appellate court in respect of appointment of respondent as guardian of minor in view of S.19(b) of Guardians and Wards Act, 1890 was set aside---Judgment and decree passed by Trial Court was upheld---Petitions were dismissed.

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