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Constitution of Pakistan (1973)--Arts. 199 & 185(3)---Guardians and Wards Act (VIII of 1890), S. 25­Custody of minor---Concurrent findings by two Courts below---Constitutional jurisdiction of High Court under Art. 199 of the Constitution---Scope---Leave to appeal was granted to consider the contention that the two Courts below (if exclusive jurisdiction having given concurrent findings of fact by recording evidence of the parties and correctly appreciating the law regulating to custody of minors, it was not open to the High Court to interfere with such concurrent findings, in exercise of its Constitutional jurisdiction under Art. 199 of the Constitution and substituting its own opinion as if it was hearing appeal against the orders passed by the Courts below. Gul Zarin Kiani, Advocate Supreme Court with Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Muhammad Munir Paracha, Advocate Supreme Court with Ijaz Muhammad Khan, Advocate-on-Record for Respondent No. 1. Date of hearing: 24th November, 1996, ORDER ABDUL HAFEEZ MEMOON, J.---This petition is directed against the judgment dated 26-9-1995 passed by the Lahore High Court, Rawalpindi Bench, whereby in exercise of its Constitutional jurisdiction under Article 199 of the Constitution set aside the concurrent findings of the learned Family Judge and the learned Additional District Judge and awarded custody of the minors to respondent No. 1. 2. The relevant facts are that the petitioner and respondent No. l were married in the year 1982, and three children Mobeen Ashraf, Mohsan Ashraf and Sonia were born to them. The parents were subsequently divorced and the children have been since living with the petitioner mother, who is residing with her father Dr. Javed Rasul Zar, who was Medical Superintendent of Holy Family Hospital, Rawalpindi. 3. Respondent No.1 filed an application under section 25 of the Guardians and Wards Act before the Family Court for custody of the minor children. The petitioner contested the application. The…

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