Law:

Section:

Guardians and Wards Act (VHI of 1890)-------Ss. 12 & 25---Constitution of Pakistan (1973), Art.199---Constitutional petition--- Temporary custody of minor---Father of minor alongwith petition for custody of minor, had also filed application under S.12 of Guardians and Wards Act, 1890 for temporary custody of the minor---Trial Court on the said application ordered that on each and every date of hearing minor should be produced in Court and handed over to father for four hours---Trial Court, on review, modified the order to the effect that minor should be given in custody of father for eight hours in one day of each month---Appellate Court on appeal by another set aside subsequent order passed by Trial Court on review petition and restored the previous order of Trial Court---Validity---' Age of minor being a bit more than one and half year, handing him to father for eight hours in a month, was not reasonable---Minor being of very tender age, previous order passed by Trial Court was justified and Appellate Court had rightly restored the previous order setting aside subsequent order passed by the Trial Court. Mst. Nasera Begum v. VIth Additional District Judge, Karachi and 2 others PLD 1985 Kar. 645; Mst. Naushaba v. Dr. Nasim and others 1987 SCMR 974 and Raja Qureshi v. Mrs. Yasmeen Qureshi PLD 1981 Kar. 61 ref. JUDGMENT Instant writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 is directed against the order, dated 25-9-1999 passed by the learned Additional District Judge, Attock whereby he set aside the order, dated 16-7-1999 passed by the trial Court. 2. Briefly stated the facts are that the petitioner filed an application under section 25 of the Guardian and Wards Act for the custody of his son namely Muhammad Hassan. The said application was resisted by the respondent. 3. Alongwith said petition, the petitioner also moved an application under section 12 of Guardian and Wards Act for temporary custody of the minor. The said application was also resisted by the respondent. Vide order, dated 11-6-1999 application under section 12, Guardian and Wards Act was disposed of with the observation that on each and every date of…

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