Law: Guardians and Wards Act (VIII of 1890)

Section: 12,25

Guardians and Wards Act (VIII of 1890)------   -----Ss. 12 & 25-Applicalion under S. 12---Not barred even after appointment of guardian.     Date of hearing : 2nd February 1965.     JUDGMENT   On the 11th of November 1963 Khawaja Mahmud Sadiq filed an application under section 25 of the Guardians and Wards Act (Act VIII of 1890) against Mst. Khalida Shafqat Khanum for the custody of his two minor children, namely, Mst. Kahkshan and Altahab Hassan, in the Court of the Guardian Judge, Lahore. Along with this application another application was filed under section 12 of the Guardians and Wards Act praying that Mst. Khalida Shafqat Khanum be restrained from marrying Mst. Kahkshan without the consent of Khawaja Mahmud Sadiq, during the pendency of the main application under section 25 of the Guardians and Wards Act, and that the interim custody of the children be handed over to the petitioner pending the disposal of the application under section 25 of the Guardians and Wards Act. This application came up for hearing before the Guardian Judge on the 12th of November 1963 and he issued notice for the 5th of December 1963. On the 5th of December 1963 Guardian Judge ordered that the respondent (Mst. Khalida Shafqat Khanum) shall not solemnize the marriage or enter into a contract for the marriage of Mst. Kahkshan without the concurrence of the petitioner, during the pendency of the proceedings. On the 12th of March 1964 the Guardian Judge passed the following order :-   "I am induced to enable the children to make an unbiased decision which must be free from continuous influence of one party. They should be at a place where both the parents should see them according to the rules of the Institution. I shall, therefore, order that as an interim measure both the children shall be placed in the Boarding House at the expense of the petitioner as soon as the ensuing examinations are over. The mother shall report compliance. Both shall state in writing as to which Institutions are likely to accommodate the children."   Against that order Mst. Khalida Shafqat Khanum has come up in revision to this Court.   It was argued…