Case Details

Citation(s)
1997 SLG 600 1997 SLD 600 1997 SCMR 425
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.233 of 1995, decision dated: 13-11-1995
AJMAL MIAN AND FAZAL ILAHI KHAN, JJ

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Mrs. FARHAT YASMINE

VS

Malik ZULFIQAR and others

Law:

Section:

Guardians and Wards Act (VIII of 1890)--S. 25---Constitution of Pakistan (1973), Art. 185(3)---Custody of minor girl---Trial Court and First Appellate Court had granted custody of minor girl to mother---High Court in exercise of its Constitutional jurisdiction set aside concurrent findings of Courts below and handed over custody to father of minor girl---Validity---Leave to appeal was granted to consider, whether in facts and circumstances of case, High Court was justified in pressing into service its Constitutional jurisdiction for setting aside concurrent s of two competent Courts---Execution proceedings pursuant to of High Court were also stayed. Muhammad Ilyas Siddiqui, Advocate Supreme Court instructed by Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 13th November, 1995. ORDER AJMAL MIAN, J.---This is a petition for leave to appeal against the judgment dated 12-3-1995 passed by a learned Single Judge of the Lahore High Court in Writ Petition No.828 of 1994, filed by respondent No.l-husband against the concurrent judgments of the learned Guardian Judge, Rawalpindi, dated 21-9-1992 and of the learned Additional District Judge, Rawalpindi, dated 2-2-1994 granting custody of the minor daughter, then aged about eight years, allowing the same by setting aside the aforesaid…
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