Law:

Section:

Guardians and Wards Act (VIII of 1890)--- ----S.25---Criminal Procedure Code (V of 1898), S.491---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Custody of minor--Concealing of facts---Petitioner was father of minor who was in the custody of his maternal grandmother---Guardian Court restrained the petitioner from snatching minor from his maternal grandmother---Petitioner, without disclos ing order passed by Guardian Court, filed application under S.491 Cr. P. C. before Sessions Judge, which application was dismissed---Validity.. Petitioner did not disclose the order passed by Guardian Court in favour of maternal grandmother with regard to interim arrangement of guardianship. Unless and until petitioner succeeded in setting aside order of Guardian Court passed against him, he could not seek relief from High Court for custody of minor---Concealment of fact had disentitled petitioner from discretionary relief in Constitutional jurisdiction under Art. 199 of the Constitution---Relief being discretionary, one who had not approached the Court with clean hands did not deserve such relief---Petition was dismissed in circumstances. Malik Riaz Ali Awan for Petitioner. Khalid Ashraf Khan and Noshab A. Khan with minor boy Zarak Kamran for Respondent. Riaz Ahmad, S.I. ORDER HAFIZ ABDUL REHMAN ANSARI, J.---The petitioner Kamran Hanif son of Muhammad Hanif through this constitutional petition seeks setting aside of order dated 23-1-2010 passed by learned District and Sessions Judge, Sahiwal and further seeks the custody of minor Zarak Kamran aged 8 years. 2. Brief facts of the instant writ petition are that Mst. Rukhsana Begum got married with petitioner Kamran Hanif, out of this wedlock minor Zarak Kamran was born who is presently student of Class 3 in Educators School. The grandmother of minor tiled petition under section 25 of Guardians and Wards Act of 1890 on 24-2-2007 before learned Guardian Judge, Sahiwal who vide order dated 24-2-2009 restrained the petitioner from snatching the minor Zarak Kamran from the grand mother of the minor Mst. Balqees Bano wife of Muhammad Idrees as the mother of the minor Mst. Rukhsana Begum had already expired. 3.…