Law:

Section:

Guardians and Wards Act (VIII of 1890)---- Ss. 25 & 12-Custody of minor-Guardian Judge giving interim custody of her suckling baby to mother, respondent-Regard being had to tender age of infant, Supreme Court declined to interfere with order of High Court maintaining that of Guardian Judge, also for the reason that matter had yet to be decided under S. 25. JUDGMENT MUHAMMAD GUL, J.-This petition for special leave is from the revisional order of a learned Single Judge of the Lahore High Court maintaining that of Guardian Judge under section 12 of the Guardians and Wards Act, 1890, entrusting the custody ad interim of an infant Kashif­ur-Rehman aged about eight months, to his mother Mst. Shahida Parveen, respondent No. 1, in an application made by her, under section 25 of the Act for the custody of the minor. The petitioners 1 and 2 herein who were respondents before the Guardian Judge, respectively are father and paternal grandmother of the infant. It appears that respondent No. 1 because of estrangement with her husband petitioner No. 1, is living with her mother and step-father (respondents Nos. 2 and 3 herein). Petitioner No. 1 moved a petition in the High Court habeas corpus under section 491, Cr. P. C. for the release of his wife (respondent No. 1) and his infant son from the illegal custody of respondents Nos. 2 and 3 (her mother and step-father). Respondent No. 1 appeared before the learned Single Judge to repudiate the allegation about her illegal custody by her mother and step-father, The learned Single Judge therefore rejected the application for habeas corpus so far it concerned petitioner No. 1 but directed that the custody of the infant be given to petitioner No. 1. The learned Judge, however observed that the…

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