Law:

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Guardians and Wards Act (VIII of 1890)---- ----S. 25---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Custody of minor---Failure to produce evidence---Dismissal of application on account of such failure---Father of the minor filed the application under S.25 of the Guardians and Wards Act, 1890, and t, application was adjourned on different dates on one pretext or the other---On the day when evidence was to be produced by the father of the minor, -he sought adjournment---Guardian Court declined to adjourn the case and dismissed the application---Validity---Case diaries indicated that the father of the minor sought only one adjournment and he had not been afforded proper opportunities to adduce his evidence---Since the matter was not decided on merits but on technical objection the orders of two Courts below were neither just nor proper---High Court set aside the orders passed by the two Courts below and the case was remanded to the Guardian Court for recording the evidence of parties accordingly. JUDGMENT Petitioner Waseem Ahmed through this Constitutional petition has sought the following relief:-- "Declare that he impugned orders dated 8-3-2000 and 22-3-2000 passed by the respondent No.2 in G W Application No.1149 of 1997 as well as subsequent judgment dated 24-5-2000 passed by the respondent No.3 in Family Appeal No.26 of 2000 are illegal, null and void, not in accordance with the law and are of no legal effect: (a) Remand the case to the Court of respondent No.2 or to some other Court of law to proceed with the matter afresh and decide the same on merits according to law after taking evidence from both the parties and hearing them in the interest of justice; (b) Cost of the proceedings. The brief facts as disclosed by the petitioner are that he was married to respondent No.1 Syeda Erum Shakeel on 17-10-1994. Out of wedlock, she gave birth to baby Muniba on 16-8-1995 After some time the respondent No.1 filed a suit for dissolution of marriage against the petitioner. The petitioner also tiled a suit of restitution of conjugal rights. The suit of respondent No. 1 was decreed and her marriage was dissolved whereas the suit of petitioner…

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