Law:

Section:

(a) Guardians and Wards Act (V1fH of 1890)-------S. 9---Constitution of Pakistan (1973), Art.199---Constitutional petition--­Jurisdiction of Courts---Place of ordinary residence of the minor--­Determination---Where father of the minor was permanent resident of place "K" and the mother was also resident of same place, it could not be said that the minor was ordinarily residing at place "H" with his paternal grandfather---Trial Court had dismissed the application filed by the mother on the point of jurisdiction---Validity---Such a question was of fact and the same could not be decided without affording opportunities to both the parties to adduce evidence on the point of ordinary residence of the minor---Trial Court should have decided the question of jurisdiction only, thereafter---Constitutional petition was dismissed and the Trial Court was directed to decide the question of ordinary residence of the minor accordingly. Mst. Azizan Bibi and another v. District Judge, Badin and 2 others 1995 CLC 614; Mst. Gulzar Bibi v. Public-in-General and 4 others 1995 CLC 1550; Mst. Zubaida Begum v. Chaudhri Ghulam Rasul PLD 1959 Lah. 967; Syed Widhal Shah and another v. Syed Ghulam Nabi Shah and others PLD 1965 (W.P.) Kar. 84; Mst. Nazir Begum v. Ghulam Qadir and others AIR 1937 Lah. 797; Mahmooda Khatoon v. Syed Zainul Hasnain Rizvi PLD 1958 Kar. 150; Mst. Lalita Twaif v. Paramatma Prasad AIR 1940 All. 329 and Sm. Vimalabai v. Baburao Shumrao Khirsagar AIR 1951 Nag. 179 ref. (b) Administration of justice--- ---- Nobody is permitted to deprive the other party of availing legal remedies by resorting to illegal means and foul play. ORDER The petitioner has called in question the judgment, dated 8-8-1998 passed by learned VIth Additional District Judge, Karachi East, in Family Appeal No.6 of 1998 (Mst. Ruqayya v. Khalid Mehmood) whereby the order, dated 9-2-199$ passed by IVth Senior Civil Judge, Karachi East, in Guardian and Wards Application No.1216 of 1997 filed by respondent No-1 was dismissed on the short question i.e. for want of jurisdiction. 2. The admitted facts are that the petitioner and respondent No. l were married; that respondent No. l was the second wife of the…

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