Law: Guardians and Wards Act, 1890

Section: 17,25

Law: Civil Procedure Code (V of 1908)

Section: S.141,O.IX,R.13

Law: Family Courts Act, 1964

Section: 5,Schedule

Guardians and Wards Act (VIII of 1890)--- ----Ss. 17 & 25---Family Courts Act (XXXV of 1964), S. 5 & Sched.---Custody of minor---Welfare of minor---Parental jurisdiction---Condonation of delay---Scope---Petitioner assailed order of appellate court whereby it had dismissed the appeal of petitioner, being barred by time---Validity---Court, in guardianship cases, exercised a parental jurisdiction as if it was in loco parentis to the minor---Parental jurisdiction could not be hampered with undue interference of technicalities---Application for condonation of delay in filing appeal in guardianship matters had to be decided keeping in view the welfare of minor even if the said ground was raised or not by the party---Order passed by appellate court, in the present case, was silent as to whether it had considered the aspect of welfare of minor or not---High Court set aside the impugned order and remanded the matter to the appellate court for rehearing and re-deciding the same afresh. Shaukat Masih v. Mst. Farhat Parkash and others 2015 SCMR 731; Mst. Nadira Shahzad v. Mubashir Ahmad and others 1995 SCMR 1419; Malik Khizar Havat Khan Tiwana and another v. Mst. Zainab Begum and another PLD 1967 SC 402; Mst. Hameed Mai v. Irshad Hussain PLD 2002 SC 267; Mst. Rubia Jilani v. Zahoor Akhtar Raja and 2 others 1999 SCMR 1834 and Naveed Munir v. Additonal District and Sessions Judge, Lahore and another 2011 MLD 1938 ref. THIS ORDER PASSED BY: MUZAMIL AKHTAR SHABIR, J.--- Through this Constitutional petition, petitioner has called in question order dated 23.05.2018 passed by Guardian Judge-VI, Lahore in a petition under Section 25 of the Guardians and Wards Act, 1890 through which the said petition has been dismissed for non-production of evidence and has also called in question order dated 09.08.2018 passed by respondent No.1/Additional District Judge, Lahore who dismissed the appeal filed there-against by the petitioner as barred by time along with application for condonation of delay in filing the same as not disclosing sufficient reasons. 2. The learned counsel for petitioner has argued that the welfare of the minor was required to be seen by both the courts below…

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