Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional jurisdiction ---New plea---Plea or objection available to a party not raised before appropriate forums ---Effect-----Where any particular plea or objection was available to a party to any litigation, and same was not raised before appropriate forums, such plea or objection could not be allowed to be raised in Constitutional jurisdiction of High Court.---[Practice and procedure---New plea]. (b) Guardians and Wards Act (VIII of 1890)--- ----S. 25---Hizanat (custody) of child ---Entitlement---Essentials---Hizanat being the right of child and not of parents, Courts have to see only welfare and well-being of minor concerned---Minor being girl would need protection not only during minority but thereafter also, at least till marriage---Where mother of such minor had re-married to a stranger, paternal grandmother and real father were most suitable persons to take care of girl---Orders of Courts below to that effect were legally and factually correct in circumstances. (c) Guardians and Wards Act (VIII of 1890)--- ----S. 25---Constitution of Pakistan (1973), Art. 199---Custody of minor girl--­Appellate Court passed order on 8-2-1994---Constitutional petition against order of Appellate Court was filed on 16-10-1994, with a delay of over eight months---Question involved custody of minor child which needed prompt recourse to legal remedies, which was not done---Constitutional petition was hit by doctrine of laches, and deserved dismissal on that score alone ---[Laches]. ORDER Mst. Shaheen Bibi was married to Zulfiqar Ali Kazmi on 5-10-1973. Out of the said wedlock a daughter--Maimoona Kazmi was born on 18-1-1978. Relations between the spouses became strained and they ultimately separated. Mst. Shaheen later married another person, Maqsoom Ali. 2. Zulfiqar Ali Kauai submitted an application under section 25, Guardians and Wards Act on 23-12-1989. before the Judge, Family Court, Rawalpindi for custody of the minor on the ground that Mst. Shaheen Bibi had married a stranger who was not related to the girl within prohibited degree and as such the father was entitled to custody of the minor. Written statement…

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