Law:

Section:

Guardians and Wards Act (VIII of 1890)--- ----S.25---Constitution of Pakistan, Art. 199---Constitutional petition---Custody of minor---Father of minor had died and mother had contracted second marriage---Minor was in custody of maternal grand parents---Application for custody of minor filed by paternal grand-parents was accepted on the ground that evidence of respondents (paternal grand parents) was not subjected to cross examination---Validity---First application for custody of minor was dismissed on merits and it was held that welfare of the minor was with the mother---Welfare of minor had been held with the paternal grand-parents in the second application for custody of minor while accepting the same---Examination-in-chief of the witnesses of paternal grand-parents was recorded and their affidavits were also exhibited in evidence on the same day but without providing any opportunity to cross examine the said witnesses impugned order was passed---Nothing was on record that any opportunity to cross examine the witnesses of paternal grand-parents was provided to the mother and she refused to cross examine the said witnesses---Right to cross examine the said witnesses had illegally been closed by the Guardian Court---Right to cross examine the witnesses could not be closed on the day when there was neither any examination-in-chief of the witnesses nor their affidavits were exhibited in evidence---Impugned orders/ s passed by the courts below were set aside---Case was remanded by the High Court with the direction to provide opportunity to the mother to cross examine the witnesses of applicants and also produce evidence in rebuttal---Constitutional petition was accepted in circumstances. JUDGMENT MALIK SHAHZAD AHMAD KHAN, J.---This constitutional petition has been filed against the impugned order dated 21-2-2013, passed by learned Judge Guardian Court, Rawalpindi, whereby the application under section 25 of the Guardians and Wards Act, 1890, filed by respondents Nos.1 and 2 for the custody of the minor Muhammad Hussain was accepted, as well as, against the impugned judgment dated 12-11-2013, passed by learned Additional District Judge, Rawalpindi, whereby the…

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