Law: Guardians and Wards Act (VIII of 1890)

Section: 9

Guardians and Wards Act (VIII of 1890)--- ----S.  9---Constitution  of  Pakistan  (1973),  Art. 199---Custody        of                        minors--                                     Ordinary residencd---Jurisdiction---Record disclosed that minors throughout had been living in the custody of father i.e., natural guardian of minors at "C"-- Minors' temporary visit to "Q" during treatment of their mother, by no means would constitute shifting of ordinary residence to "Q" merely because mother did not go back for living with her husband---Application moved by mother for custody of minors at "Q" was thus, not entertainable for want of jurisdiction as such conclusions arrived at by Appellate Court did not suffer from any infirmity, material illegality and irregularity warranting exercise of extraordinary jurisdiction of High Court. Mst. Nazir Begum v. Ghulam Qadar Khan and others AIR 1937 Lah. 797; 53 PLR 1902; AIR 1932 Bom. 592; Muhammad, Saddique Siddiqi v. Mst. Aziza Bibi and 3 others PLD 1970 Lah.596 rel. W.N. Kohli for Petitioner. Akhtar Zaman and S. Mumtaz Hussain Baqri for Respondent No.1. JUDGMENT   MUNAWAR AHMED MIRZA, J----This petition is directed against judgment dated 11-6-1991 passed by learned Additional District Judge-I, Quetta. Facts concisely stated are that on 3-12-1988 petitioner filed an application under section 25 of Guardians and Wards Act in the Court of Civil Judge-III-cum-Family Court, Quetta claiming custody of five minor children i.e. (i) Bibi Zahida, (ii) Bibi Rubina, (iii) Bibi Tahira, (iv) Master Zahoor Ahmed and (v) Master Mir Ahmed. Respondent No.1 contested the proceedings and filed written statement in February, 1989 wherein question of jurisdiction of Courts at Quetta was specifically agitated. Trial Court on the pleadings of…