Law:

Section:

Guardians and Wards Act (VIII of 1890)-- Ss. 17, 25 & 47-Appointment of guardian of person and property of minors-High Court appointing sister of deceased as guardian of minors as their mother got married with stranger-Fact that deceased's sister also married with stranger ignored by High Court­Mother of minors, held, rightly appointed as their guardian by trial Court-Elder brother of minors becoming sui juris mean time and capable to oversee bringing up of minors-Minors' mother and elder brother jointly appointed as guardian for property in circumstances of case. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.-These two appeals through special leave call in question judgment dated 18-11-1979 whereby a learned Single Judge of the Lahore High Court disposed of two guardianship appeals and while reversing the order of the learned Guardian Judge, appointed Mst. Majidan Begum (respondent-father's sister of the minors) as guardian of person and property of the .minors involved in this case in preference to Mst. Sardaran, their mother. The father of Mst. Salim Akhtar (born in 1958), Muhammad Islam (born in 1960), Muhammad Fayyaz (born in 1962), Muhammad Afzal (born in 1965) and Mst. Kausar Shamim (born in 1967), died in 1967 after the birth of the last mentioned child, namely, Mst. Kausar Shamim. Mst. Sardaran, the appellant and the mother of the children, did not re-marry for some time and stayed with the family of her deceased husband in District Sahiwal. Later on, however, as is claimed by her, in order of afford protection to her chiidran she married one Muhammad Ismail who admittedly is not related to the children within the prohibited degree. Mst. Sardaran changed her residence and at the time of filing of her application for guardianship she was residing at Lahore. 1t appears that when she left the house of her deceased husband, she took with her three children namely Muhammad Fayyaz, Muhammad Afzal and Mst. Kausar Shamim. Mst. Shamim Akhtar and Muhammad Islam stayed back under the protection and care of Mst. Majidan, the sister of their deceased father. After some time Mst. Majidan filed an application for the guardianship of the children for person and property both.…

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