Law: Guardians and Wards Act (VIII of 1890)

Section: 25 , 12 , 199

Guardians and Wards Act (VIII of 1890)--- ----Ss. 25 & 12---Constitution of Pakistan (1973), Art. 199---Custody of minor---Application for interim custody of ward---Application for interim custody of minor child required urgent attention of Guardian Court---Mother of female invoking constitutional jurisdiction of High Court for appropriate direction to respondent for producing  the  minor  girl  in  High  Court  for  handing  her  over  to her---Maintainability---Delay in deciding application for interim custody of minor would not be a valid ground for exercise of extraordinary jurisdiction in the case to bypass the proceedings already initiated in the Court of a Guardian Judge of competent jurisdiction---Guardian Judge however, was expected to speed up trial of main case and also to finally decide application for interim custody of minor child quickly without loss of further time for undue delay in decision of cases causes frustration in the minds of litigants and also shake their confidence in the utility of judicial institutions---Constitutional petition was dismissed in circumstances. Administration of justice--- ---- Undue delay in decision of cases causes frustration in the minds of litigants and also shake their confidence in the utility of judicial institutions.---[Delay]. Mian Sher Alam for Petitioner. ORDER Custody-dispute of a female ward between her parents was already sub judice before a Guardian Judge at Kharian. Alongwith the main petition filed under section 25 of the Guardians and Wards Act, 1890, a petition under section 12 of the Act for interim custody of the ward also awaited decision by the Guardian Judge. Since the petition for interim custody was not being adverted to speedily, the mother of the female ward was constrained to invoke writ jurisdiction of this Court for an appropriate direction to the respondent for producing the minor girl in this Court for handing her over to the petitioner Learned counsel was heard. I had not the complete record of the   guardianship proceedings taken in the Guardian Court at Kharian before me. Therefore, I was unable to comment on the…