In Pakistan intelligence preference of minor and attachment towards his/her mother or father under love and affection is the main source of judgments passed by the guardian court established under Guardian & Wards Act, 1890 as well as the apex court of Pakistan.
In custody matters public at large may also be pleaded as a party. Minors always inherit from the property of their biological parents.
The main aspect to discuss most important issue regarding the custody of minor in favour of biological father although the law “Guardian & Wards Act, 1890” serves the purpose subject to the legal frame work and protection of minors because it is generally observed in Pakistan that the biological father of a minor shall not be entitled for the custody of minor due to the absence of preferential right of custody in case of separation in between the spouses.
However, many NGO’s, law enforcing agencies and child protection bureaus are working in this regard. The guardian petition shall be filed under sections 25 & 12 of the Guardian & Wards Act, 1890 and the court may issue a guardianship certificate in favour of the person concerned who satisfied the court subject to the better welfare and growth of the minor under the law.
To be concluded that the separations of spouses directly hit the welfare and growth of minors due to which the question of guardianship generally arises and the courts of law should always prefer the welfare of the minors and then decided the custody petition.
