Case Details

Citation(s)
1983 SLG 197 1983 SLD 197 1983 SCMR 985
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. K 96 of 1982, decision dated: 24-10-1982.(On appeal from the order of Sind High Court dated 14 2 1982 in Writ Petition No. S 1231 of 1980)
ABDUL KADIR SHAIKH, S. A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ
Abdul Hameed Khan, Advocate and Aaizanul Haq, Advocate on-Record for Petitioner. Nemo for
Respondents

Mst. AMNA

VS

IIND ADDITIONAL DISTRICT JUDGE, HYDERABAD AND OTHER

Law:

Section:

Constitution of Pakistan (1973)--- Arts. 185 (3) & 199 read with Guardians and Wards Act (VIII of 1890), Ss. 10 & 25 Custody of minors Writ petition High Court finding that during course of writ proceedings minors had attained majority and taking view that petition had been rendered infructuous¬ Conclusion of High Court as to age of minors based on petitioner¬ mother's statement Held, cannot be found fault with Petition for leave to appeal dismissed. ORDER ABDUL KADIR SHAIKH, J. This is a petition for special leave to appeal from the judgment of a learned Single Judge of Sind High Court dated 14th February, 1982 dismissing Constitution Petition filed by the petitioner by which she sought to challenge the judgment of the Second Additional District Judge, Hyderabad. The proceedings arose out of an application filed by the petitioner under section 10 read with section 25 of the Guardians and Wards Act for the custody of minors, Mst. Zahida and Abdul Aziz. The Second Senior Civil Judge, Hyderabad who dealt with the case dismissed petitioner's application, and appeal filed by her was also dismissed by the Second Additional District Judge, Hyderabad. Petitioner then challenged these judgments in a constitution petition in Sind High Court. The learned Single Judge in the High Court who dealt with the case noticed the fact that during the course of the proceedings, both the minors had attained majority, and took the view that the constitutional petition had been rendered infructuous. The relevant portion of the judgment passed by the learned Judge reads "Now, it is admitted fact that both the girl and the boy have attained majority and even if order passed in appeal by the 2nd Additional District Judge, respondent 1, is set aside and the case is remanded still the original application has become infructuous, for now no appoint. meat of guardian can be made as both the girl and boy are major." Mr. Faizanul Haq learned Advocate on Record for the petitioner…
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