RASHID HUSSAIN vs ADDITIONAL DISTRICT JUDGE, ISLAMABAD (EAST) Ss — 2022 PLD 32 SUPREME-COURT

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RASHID HUSSAIN VS ADDITIONAL DISTRICT JUDGE, ISLAMABAD (EAST) Ss. 17 & 25---Custody of minors with their maternal grand-father after suspicious death of their mother---Father failing to discharge his duties towards minors---Parents of father alleged to have burnt to death mother of minors---Whether father had preferential right to custody over maternal grand-father in such circumstances---Held, that the petitioner/father was a cab driver in a foreign country---While the father was away, the mother was critically burnt for which an FIR was lodged against the parents of the father with an allegation that they had intentionally burnt to death the mother of the minors---Statement of the father recorded before the Family Court revealed that had not discharged his duties as father in any manner towards the minor children or his deceased wife; that he was most reluctant to take care of his wife or minor children because they were under the patronage of maternal grandfather and he thought of it as an opportunity to skip his moral, legal and religious duty bestowed upon him---Minor children were brought before the Court and seemed very well dressed up showing mature manners and they plainly refused to accompany their own father, rather they categorically stated to reside with their maternal grandparents---Body language of the minors clearly demonstrated a sign of hatred towards their father---Maternal grand-father of minors stated before the Court that he owned 19 acres of agricultural land which was sufficient to bear the expenses of the minor children and they were already enjoying reasonable living status in the custody of their maternal grandfather---Another important aspect of the present case was that the minors were well aware of the fact that their mother died due to unnatural consequences and it must be in the back of their minds that it was their father who was involved in the whole episode---At present stage any change in custody by the Supreme Court by handing over the minors to the father would be instrumental in impairment of their mental faculty which could have negative impact on their personality in future and that would squarely be against the dictates of "welfare of the minor" which was the prime factor under the Guardians and Wards Act, 1890---Petition for leave to appeal filed by the father was dismissed, leave was refused, and it was directed that the visitation. schedule made by the Family Court for the grandparents shall be considered to be made for the father.

RASHID HUSSAIN vs ADDITIONAL DISTRICT JUDGE, ISLAMABAD (EAST) Ss — 2022 PLD 32 SUPREME-COURT

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