Law:

Section:

Guardians and Wards Act (VIII of 1890)---------- ---- S.25 --- Constitution of Pakistan (1973), Art.199 --- Custody of a married female--Jurisdiction of Guardian Judge --- Order of interim custody of a married female to her mother passed by Family Court --- Validity of --- Said female admittedly was not only married before order of her custody was passed but had given birth to a child by her husband --- Female having attained majority and being married, Guardian Court had no authority to deliver her custody even temporarily to her mother --- Guardian Judge's order was declared to be illegal, without lawful authority and of no legal effect. JUDGMENT Through this Constitutional Petition, Mst. Siddiqan Bibi and Ghulam Yasin, petitioners seek declaration to the effect that the order dated 29-7-1986 of learned Guardian Judge/Judge Family Court, Muzaffargarh, directing Elahi Bakhsh, respondent No.5, to hand over the interim/temporary custody of Mst. Siddiqan Bibi, petitioner No.1 to her mother, Mst. Jannat, respondent No.3, and the order dated 3-10-1987 passed by the learned Addl. District Judge, respondent No.1 rejecting the appeal of Elahi Bakhsh, respondent No.5 against the order dated 29-7-1986 of the learned Guardian Judge, Muzaffargarh, respondent No.2, are illegal, without lawful authority and of no legal effect. 2. The learned counsel for the petitioner contended that since Mst. Siddiqan Bibi had not only attained majority but had…

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