Restriction on movement of minor

Restriction on movement of minor
Section 17 of Guardian and ward act…. Restriction on movement of ward/minor—direction by trial court not to remove the minor from the jurisdiction of the court— Legality—- welfare of minor—scope—while dismissing the application of father for permanent custody the trial court directed both the parties not to remove the ward from the jurisdiction of the court and to deposit the passport of the minor—Appellant court upheld the order of trial court on the basis that if the minor was removed from the jurisdiction of the trial court, the father would be deprived of visitation rights and would be seriously prejudiced. Held… that visiting rights of the father was only a part that played a role in the welfare and well-being of the child but it did not form the entire ingredient or composition oin the upbringing and grooming of the child…. Minor belonged to a family which could afford a better upbringing, education and environment either in Pakistan or anywhere in the world—courts below should not have seen welfare of the minor only from the angle that the father would miss his opportunity to see his child but it also had to be seen whether a ward who was capable of studying abroad, in case opportunities were available to him should be deprived on account of the fact that father must not miss his visiting opportunities – every child has its own peculiar circumstances and his welfare demand may vary – restriction on movement in the present case, appeared to be tool of settle core with the mother but it would not serve the welfare of the minor— High court set-aside the restrictions on movement of the ward and directed that the passport should be returned to the ward that the ward was at liberty to travel and to be admitted in any best available educational institution, be it is Pakistan or foreign country as desired by the mother however the selection of the institution shall be subject to approval and permission of the father that the father shall not be unreasonable in issuing no objection to the admission of the ward to any school, college or university , that any movement of the ward away from the foreign country where the mother desired to take the child for educational benefit or change of school and college etc. within or outside the foreign country, shall be subject to permission of the father, however he should not be unreasonable in considering such request or change of institute and should not withhold such permission in case it was meant for the welfare of the ward, that father was a liberty to visit the ward at least once in 15 days and or as many days as agreed between the parents, that insofar as the winter or summer vacations were concerned, father had to right to be with his son and father may travel to him, if he desired to spend vacation for any period which may not exceed 30 days during summer vacation and 15 days during winter vacations or the parties may set a schedule annually on such terms and conditions as they deemed fit and proper—constitutional petition was disposed of accordingly
2018 PLD Sindh 377