Law:

Section:

This judgment will dispose of Constitutional Petitions Nos.1385/91 and 1518/91 as the law and facts involved in these two petitions are similar and have emanated out of the same judgments.

Facts in brief are that Mehmood Ayyaz petitioner entered into a marriage contract with Mst.Mehmooda Akhtar respondent in the year 1976. Two children namely Rakhshanda Ayyhz and Jawad Mehmood son and daughter respectively were born out of this wedlock. Their ages at this juncture are 11-1/2 years and 15 years respectively. The relations between the spouses became strained which resulted in divorce taking place on 30th of March, 1988. Mst. Mehmooda Akhtar respondent filed an application under section 25 of the Guardians and Wards Act on 3-9-1988 for the custody of the afore stated two minor children. Petitioner contested this petition and the following issues were framed:--