Thursday, 28 May 2015

MINORS GIRLS IN FAVOUR OF FATHER



Date
Present       Petitioner (name) along with her counsel (name)  Advocate.
         
Respondent No.1 (Name)  along with his counsel  (Name)  Advocate.
                  
                    (Name)  ASI.
                  
                   Respondent No.1 has brought the minors (NAME)  and (NAME)  along with him.
                  
                   Learned counsel for the Petitioner submitted that minors are female. That minors are of tender age.   That respondent has contracted second marriage. That respondent is a driver by profession and he use to remain away from his house.  That on (DATE), respondent took away the minors from street.
                    Learned counsel for the respondent No.1 submitted that respondent is real father of the minors and his custody is neither illegal nor improper. That ages of minors mentioned in the petition are false. That minors are about six years and five years old. That on 00.00.0000, the respondent divorced the Petitioner. That Petitioner left his house after leaving the minors. That paternal grant mother is available to look after the minors. Reliance was placed on 2005 P.Cr. R. 192 (Lahore).

                   I have heard the arguments and perused the record.

                    I have also heard the minors who told that both of them are in Nursery class and they are continuously getting education  without any break while living with their father.  Both of them showed more attachment with respondent No.1.  It appears that it is not a case of taking away minor from their mother in near past. In these circumstances, the custody of minors does not appear illegal. Petitioner may move the family/guardian court for custody of minors, if so advised. With this observation, the petition is disposed off. File be consigned to the record room after its due completion.
Announced
(DATE)
Judge

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