Law:

Section:

(a) Guardians and Wards Act (VIII of 1890)-------Ss. 12 & 25---Constitution of Pakistan, Art.199---Constitutional petition---Scope---Interim custody of minor---Scope---Welfare of minor---Father filed application for temporary custody of minor which was accepted by the Guardian Judge---Court had powers to direct to produce minor before the court and then to pass order for temporary custody for the same---Order for temporary custody was usually passed at the time when evidence was not produced before the court---Such order must be passed keeping in view the welfare of the minor---Complete without recording evidence to be avoided---Suckling baby had to be given to his/her mother---Order under S.12 of the Guardians and Wards Act, 1890 should not become the order passed under S.25 of the Act determining the rights of the parties with regard to custody of minor; difference between the two provisions must be kept in view---Questions as to whether mother would be in a position to maintain children and to provide love and affection to them were questions which would require evidence---Such questions could be decided only in final adjudication after recording of evidence---High Court, in exercise of its constitutional jurisdiction was not a court of appeal or revision---Jurisdiction of High Court to interfere on the point of fact was limited---Interlocutory order if did not suffer from any illegality, mala fide or was not in excess of jurisdiction or lack of exercise of jurisdiction or was not based on misreading, misconstruing or discarding of evidence and material on record, could not be challenged in constitutional jurisdiction---Trial Court, in the present case, had stepped into the merits of the case without recording of evidence---Impugned order was in excess of jurisdiction which was set aside---Case was remanded to the Trial Court for deciding application afresh in accordance with law---Constitutional petition was disposed of accordingly. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 14---Guardians and Wards Act (VIII of 1890), S.12---Appeal---Maintainability---Scope---Words "decision given" or "decree passed", used in S.14 of the West Pakistan…

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