Law:

Section:

Guardians and Wards Act (V11l of 1890)--Ss. 17 & 25---Constitution of Pakistan (1973), Art.185(3)---Custody of minor child---Entitlement---Minor's custody was given to his mother by Courts below but High Court had given custody to father of minor---Validity---High Court while deciding question of custody had relied upon its previous rendered in a Constitutional petition against which leave to appeal had been granted by Supreme Court---Petitioner's (mother's) contention, that two Courts of competent jurisdiction having found question of custody of minors against respondent (father), High Court could not substitute its own finding for that of Courts below in exercise of Constitutional jurisdiction, required consideration---Leave to appeal was granted in circumstances. ORDER ZIA MAHMOOD MIRZA, J.---These two petitions though seek leave to appeal against two separate judgments of a learned Single Judge of Lahore High Court, raise some common questions of law and, therefore, these are being disposed of together by this order. 2. In Civil Petition No.243 of 1995, Abdul Khaliq respondent brought an application under section 25 of Guardian and Wards Act for custody of his son Khalid Ikram and daughter Mst. Saima. The application was resisted by the petitioner, the mother of the minors. Learned Guardian Judge after recording the evidence led by both the parties allowed the application by order dated 6-I1-1994. Appeal filed by the petitioner was accepted by the Additional District Judge vide order dated 2-1-1995 which the respondent challenged in a writ petition in the Lahore High Court, Rawalpindi Bench. The writ petition has been accepted by a learned Judge in the High Court vide judgment dated 18-4-1995 holding that the mother of the minors having re-married a person not related to them was no longer entitled to retain their custody and that there was nothing on the record to show that the father was disqualified to have the custody of the minors. Order of the appellate Court was thus set aside and the custody of the minors given to their father, the respondent. Feeling aggrieved, petitioner seeks leave to appeal against the order of the learned Single Judge. 3.…

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