Visiting Rights of father with minor at house

Visiting Rights of father of minor at house
Section 12 of Guardian and Ward Act 1890 visitation right of father of minor—court premises as meeting place of the minor with the father—effect—welfare of minor— scope—petitioner/father contended that family court had rightly allowed him to take his minor daughter of his house on (certain) special days—respondent/mother contended that appellate court had rightly set aside schedule arranged by Trial court as father should meet minor within court premises— Validity—father might disentitle himself to custody on account of his conduct but father. In the present case, was regularly depositing the maintenance allowance of his minor daughter as fixed by the court—Minor daughter in her tender age required love and care of her parents, deprivation of any of them would have negative effect no only on her mental growth but would also affect her intellectual development—neither the minor nor the father could be deprived of company of each other—father being natural guardian was not only required to participate in the upbringing of the minor should also develop love, bondage and affinity with her, to achieve said purpose—court was to facilitate a congenial homely and friendly environment and reasonable visitation schedule—office of the Guardian judge or office of civil Nazir of the court for the said purpose was neither conducive nor effective which lacked proper facilities and arrangement and was not comparable to a homely environment—meeting in court premises could not serve the purpose of meeting, and it was not in the interest or welfare of the minor to hold meeting in the court premises—meetings of the minor with the father were preferably to the held at the residence of the father—high court set aside the impugned order passed by the appellate court and rescheduled the more flexible arrangement of meeting of minor with the father on special days and on every Saturday of the calendar month with arrangements that civil Nazir or a bailiff be deputed by the trial court ot collect the minor from the residence of the mother at 10.00 AM along with a representative of the father take her to residence arranged by the father and thereafter along with representative of mother collect her from the father on the same day and drop her back at the residence of mother.. Such arrangement would remain in vogue till the minor daughter was five years of age or admitted to school—constitution petitioner was disposed off accordingly
PLD 2018 Baluchistan 44