1988 PLP 1858 (CLC)

Ss. 7 &14‑‑Guardian of person and property of minor Transfer of case-- mother of minors filed application for appointment of guardian of person, arid property of minors in Court at place 'L' where minors at time of filing such application were residing‑‑Grandmother of ulipoF. ,‑fx4ng similar application in Court at place 'C'‑‑Relevant factor in such matter being., residence of minors at the time of institution of Petition, and balance of convenience, interest of minors, held, would well served if proceedings were, ,held at place 'L' where minors were residing‑‑Application filed by, grandmother in Court at place 'C' was ordered to, be transferred;. to Court: at place L before whom case of mother of minors was pending. Muhammad Tufail Dhami for Patitioner Jawad S. Khawaja for Respondent This reference under section 14 of the Guardians and wards Act 1890 was made by the learned Guardian Judge, Lahore on an application under section 7 of the Guardians and Wards Act made by Mat: Shirin Khawar for appointment of guardian of the 'person aid' Property 'of Madia Khawar aged 6 1/2 years and Bilal Khawar eged. 4 1,/2 years the minor children of her' deceased husband, namely Khawaja Khawar Salim. It was "brought to the "notice .'of the learned' Guardian Judge that another application moved by Mst. Perveen Rahat widow of Khawaja Khalid Saleem paternal‑grand mother of the minors was pending before the learned Guardian Judge Chakwal. The 'Learned Guardian Judge made a reference for determination as to iii' which of the two Courts the proceedings in respect of the appointment or declaration of guardian of the minors are to be held.

2. On receipt of the reference notice was issued t.ibo,‑1Kixe petitioners. Mr. Muhammad Tufail Dhami, Advocate hast,,0nkgxed appearance on behalf of 'Mst. Shirin Khawar, and Mr. Jawao.S._Khawaja has appeared tin behalf of Mst. Perveen Rahat, the other applicant.

3. Mr. Muhammad Tufail Dhami Advocate has produce for my perusal the copies of both the applications submitted the two Courts by Mst. Shirin Khawar as well as by Mst. Per- veen Rahat. Both the minors are residing since their birth at Lahore and are being educated at Lahore. They own one‑half share in House No.6 Geeto Street No.3, Lahore and one‑fourth share in Hazoor Masood and Company Chakwal, a partnership concern dealing with the lease of coal mine: It is stated that the other partners are Safdar. Masood, husband of maternal‑aunt of the minors and another person who Jos friend of Safdar Masood. It is apparent that the interest of tile minors is being looked after presently by Safdar Masood maternal‑uncle of the minors. One‑half share in the house was statedly gifted.to the minors by their maternal‑grandmother. Apparently for this reason Mst.. Perveen Rahat paternal‑grandmother of the minors has not applied for appointment as guardian of the property of the minors. She has filed an application for appointment as guardian of person of ,the minors. The minors were admittedly residing with their mother Mst. Shirin Khawar at the time of institution of both these petition. The relevant factor in such matters is residence of the minors' at the time, of institution of the petition and balance of convenience. The interest of the minors as such will be well served by holding the proceedings at Lahore. The application for appointment of guardian moved by Mst. Perveen Rahat shall, therefore, stand transferred to the Guardian a Judge, Lahore, before whom Guardian Case No.376 of 7987 Mst. Shirin Khawar v. Public‑at‑large and others is pending. Proceedings with respect to the appointment or declaration of guardian of minors. Shall be held and determined by the learned Guardian Judge, Lahore. . If 'he reference is answered accordingly. H.B.T./5‑200/L Case transferred