Law: Guardians and Wards Act, 1890

Section: 12,25

(a) Guardians and Wards Act (VIII of 1890), S. 12 Applies only when application for guardianship is pending in Court---¬Court not empowered to order production of minor for purpose of giving access to any person claiming to be entitled to visit and see child but who has not applied for guardianship. Section 12 of the Guardians and Wards Act, 1890 applies only when an application for guardianship is pending in the Court and not otherwise. This section only aims at making an ad interim arrangement for the temporary custody of the minor during the pendency of the guardianship application. It does not empower the Court to order the production of a minor for the purpose of giving access to any person entitled to visit and see the child. (b) Guardians and Wards Act (VIII of 1890), S. 25---¬Cannot be used for passing order for production of minor and giving access to person claiming to be entitled to visit and see the child. Section 25 of the Guardians and Wards Act, 1890 comes into operation only when a ward leaves or is removed from the custody of a guardian, and provides a machinery for the restoration of .the ward to the custody of the guardian. Having regard to the terms of the section, there is not the remotest possibility of using it for the production of minor in Court for giving access to his father. (c) Guardians and Wards Act (VIII of 1890) Jurisdiction or Guardian Judge confined to powers expressly given by Act Judg¬ment in matters outside such jurisdiction Nullity. The jurisdiction of a Guardian Judge in regard to minors is confined to the powers expressly conferred on him by the Guardians and Wards Act. The jurisdiction must be acquired before a is given, and a, rendered by a Court which has no jurisdiction in the matter, is a nullity in the eye of law. JUDGMENT This revision petition is directed against the order of the Guardian Judge, Lahore, dated the 17th of July 1958, whereby the petitioner was ordered to produce her minor son in Court on the 24th of July 1958 for giving access to his father, Sh. Azmat Ullah respondent. She was further ordered to produce the minor in Court once in every month for this purpose. 2. The revision has been heard ex parte…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492