Law: Guardians and Wards Act (VIII of 1890)

Section: 9 , 25

Guardians and Wards Act (VIII of 1890)--- ----Ss.9 & 25---Custody of minor---Minor during pendency of application for his guardianship was residing outside  territorial  jurisdiction  of  Guardian Court---Application was returned to petitioner (father) for presentation to proper Court---Decision of Guardian Court was affirmed in appeal-- Validity---When application for custody of minor was filed, minor was no doubt, residing within territorial jurisdiction of Court but during pendency of such application, mother of child having contracted second marriage, minor had shifted with her to a place beyond the jurisdiction of Guardian Court-- Minor's ordinary abode would be the place where her mother resided and she having shifted to her husband's residence in another Province, minor would be deemed to be residing out of territorial jurisdiction of Court---Return of application to petitioner for presenting it to proper Court was, thus, a legal order in terms of S.9, Guardians and Wards Act, 1890---Orders of Courts below, therefore, did not suffer from any infirmity, material irregularity or illegality, warranting interference by High Court. S. Safder Hussain Shah for Petitioner. Sanaullah Khan Gandapur for Respondents . Date of hearing: 16th January, 1994.   JUDGMENT MIAN SHAKIRULLAH JAN, J.---This writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan filed by Mst. Gulzar Bibi is directed against the judgment and decrees of the learned Senior Civil Judge/Judge Family Court, D.I. Khan dated 22-2-1990 and Additional District Judge, D.I. Khan dated 5-1-1991, whereby the application of the petitioner for custody and guardianship of the minor was returned by the Judge Family Court and the same decision was upheld in appeal by the learned Additional District Judge, D.I. Khan. Succinctly stated, the facts of the case are that Javed Muhammad, son of the petitioner had married Mst. Nasrin Bibi, respondent No.2 in 1986. Muniba Javed was born from their wedlock and thereafter relations between the spouses became strained due to which Javed Muhammad divorced his wife Mst. Nasrin Bibi -on 23-2-1989, whereafter Mst.…