Law:

Section:

(a) Guardians and Wards Act (VIII of 1890)-------S.12---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Interpretation of S.12, Guardians and Wards Act, 1890---Production of minor---Interim custody---Legality---Pre-condition of urgency, requirement of-- Grievance of the petitioner that interim custody of the minor was given to the mother by the Guardian Judge despite the fact that welfare of the minor lay with the paternal grandmother who was of sound financial position and that in the absence of pre-condition of urgency, power under S.12 of Guardians and Wards Act, 1890 could not have been exercised---Validity---No bar was placed upon the Guardian Judge, who had parental jurisdiction over the minor, to exercise power under S. 12(1) of the Act even in the absence of urgency---Section 12 of the Act called for liberal interpretation and the interim arrangement for the custody of minors could not be fettered with a pre-condition of urgency. Muhammad Sadiq Butt v. Mst. Khalida Parveen PLD 1967 Kar. 645; Mirza Muhammad Yousaf v. Razia Sultana PLD 1974 Note 80 at p.125; Zulfiqar Ahmad v. Qaiser Sattar and 2 others 1988 CLC 1741 and Mst. Rani Begum v. The Additional District Judge (East Karachi) 1989 CLC 1419 distinguished. (b) Guardians and Wards Act (VIII of 1890)--- ----S. 12--Constitution of Pakistan (1973), Art.199---Constitutional petition---Interim custody---Object of---Factors to be considered for granting interim custody---Production of minor---Preference to real mother---Overriding and paramount consideration of handing over the interim custody of a minor under S.12 of Guardians and Wards Act, 1890 was the welfare of the minor---Guardian Judge while granting interim custody under S.12 of the Act should take into account the consideration of the age, sex and welfare of the minor---Minors of tender age require love and affection of their real mother, who has not married and so preference cannot be given to paternal grandmother instead--­None else could look the minor better than the real mother as there was no substitute and parallel to mother's love and affection. (c) Guardians and Wards Act (VIII of 1890)--- ---S. 12---Constitution of…

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