ABDUL FAROOQ vs Mst — 2022 PLD 120 ISLAMABAD

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ABDUL FAROOQ VS Mst. MARYAM FAROOQ S. 491---Constitution of Pakistan, Art. 199(1)(b)(i)---Guardians and Wards Act (VIII of 1890), S.25---Constitutional petition---Writ of habeas corpus---Custody of minor---Tender Years, doctrine of---Applicability---Petitioner and respondent were husband and wife inter se and petitioner sought recovery of his minor children who were with their mother i.e. the respondent---Validity---Habeas corpus petition filed for lawful treatment of a minor was not to be confused with abduction or illegal detention of an adult---Consideration in such matter was welfare of minor---Court could not turn a blind eye to the circumstances in which shared custody of children was transformed into sole custody---For the purposes of S.491, Cr.P.C., it was not for the Court to sit in judgment over as to who was at fault in matrimonial dispute but how would welfare of a child was best preserved in interim when joint custody of child shared by both parents was not an option---"Tender Years, doctrine of" guided exercise of discretion by Courts in custody matters, where Courts assumed that healthy development occurred when young children were raised by their mothers---Contemporary psychological and sociologically research questioned assumption that mother was necessarily the best parent for raising a child in all circumstances---Guardian petition was filed by petitioner before Guardian Court and it was for such Court to determine wherein the welfare of children lied for granting custody in the event that petitioner and respondent were unable to resolve their matrimonial disputes---High Court directed Guardian Court to decide question of custody in accordance with law---Constitutional petition was disposed of accordingly.

ABDUL FAROOQ vs Mst — 2022 PLD 120 ISLAMABAD

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