1994 PLP 1950 (MLD)

This writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 arises out of an application under section 25 of the Guardians and Wards Act, filed by the petitioner against the respondent No.l seeking custody of the two minor children, namely, Shahzad Qamar and Nosheen Qamar who were born on 26-7-1975 and 9-10-1976 respectively. As regards the minor daughter the matter stands finally decided by judgment of this Court in Writ Petition No.5080 of 1984, when appeal of the petitioner with regard to the minor son was remanded to the learned District Judge for , decision afresh with certain directions. In the post remand proceedings the learned District Judge, Sialkot has dismissed the appeal on 19-3-1991.

2. The learned counsel for the petitioner has contended that the appeal filed by the petitioner has not been decided in accordance with law as the direction given by this Court while remanding the appeal, have been ignored. I, however, see no force in this contention of the learned counsel. The learned District Judge has considered both the applications filed by the petitioner and rejected the same.

3. Be that as it may, admittedly the minor son Shahzad Qamar Was born on 26-7-1975 and at present he is 17 years and 2 months of age. Consequently even if I agree with the learned counsel that the judgment of the District Judge is not in accordance with the directions of remand order of this Court, no useful purpose will be served because by the time the District Judge decides the appeal afresh, the minor will have attained the age of majority.

4. On merits, suffice it to say that the minor has been living with his mother since his birth. He is present in Court and states, that he is a student of Muray College, Sialkot and is being well looked after by his mother. He has expressed his preference to continue living with his mother. Keeping in view age of the minor, his desire cannot be ignored. Consequently this petition is found to be without any force and is dismissed, with no order as to costs.

5. The learned counsel for the petitioner states that petitioner is desirous of making some arrangement for education of the children abroad. Respondent No. 1 who is personally present in Court states that she would welcome the offer of the petitioner and as when he makes suitable arrangement, the minors shall be sent abroad for higher education.

6. The learned counsel for the petitioner further requests that suitable orders be made for allowing the petitioner to meet the minor son. This request is reasonable and allowed. Accordingly it is directed that the minor shall appear before the Guardian Judge, Lahore on every first and third Thursday of each month so as to enable the petitioner to meet him there. AA./M-1671/L Petition dismissed.