Law:

Section:

Guardians and Wards Act (VIII of 1890)--S. 25 --- Custody of minors --- Welfare of minors --- Father, being natural guardian, mother in case of male children would loose right of "Hizzanat" after minor attained age of seven years --- Paramount requirement for determining future arrangement of custody or temporary residence of minor, is his/her welfare --- Guardian Court while dealing with matters relating to custody of minor children, exercises parental jurisdiction --- Strict adherence to procedure or rules, is not to be pressed into service and rigid formalities and technicalities overcoming minor's welfare, can be safely ignored. Ms. Asma Jahangir, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Appellant. Gul Zarin Kiani, Advocate Supreme Court and Raja Abdut Ghafoor, Advocate-on-Record for Respondents. Date of hearing: 16th October, 1998. JUDGMENT MUNAWAR AHMED MIRZA, J.---This appeal, by leave of ft Court, is directed against judgment dated 8-4-1996 passed by Lahore High Court in Writ Petition No.5802 of 1995. 2. Short facts necessary for deciding controversy between the parties are that, appellant was married to respondent No.1 (Zahoor Akhtar Raja) on 3-1-1986. Their relations become strained and eventually marriage was dissolved on 12-11-1990. Three sons were born out of wedlock, whose names with details about their date of birth and present place of study are mentioned below:--- Name Date of birth Place of Study 1. Umar Zahoor Raja: 22-12-1986 Lawrance College, Muree 2. Haris Zahoor Raja: 3-11-1987. -do-­ 3. Khalid Zahoor Raja 10-9-1989. -do- 3. Appellant towards 22-2-1993 has submitted a Petition No.100/GC of 1993 under section 25 of the Guardian and Wards Act, seeking custody of her abovenamed sons. Learned Guardian Judge eventually dismissed the petition on 12-1-1995. Appellant challenged said decision before District Judge, Lahore by way of Civil Appeal No. 14 of 1995, which was also rejected. Lahore High Court by means of judgment dated 8-4-1996 declined to interfere in the above decisions and rejected Writ Petition No.5802/95, which has been assailed through present appeal. 4. Ms. Asma Jehangir, Advocate Supreme Court, for the…

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