1989 PLP 4756 (MLD)

‑‑Ss.12 & 25‑‑Constitution of Pakistan (1973), Art.199‑‑Custody of minor daughter‑‑Petition for custody of minor daughter was filed by mother against father who had turned her mother out of his house when the girl was 4/5 months of age‑‑Application for interim custody was rejected by the Guardian Judge on the sole ground that same had been filed after about one and a half months of separation which was considered to be inordinate delay‑‑Ground on which application for interim custody was rejected was not very sound but due to the fact that minor was living with her father for the last more than two years, High Court refrained from passing an. interim order in the nature of restoration of custody to mother‑‑Minor's age being only two years petition for custody deserved to be decided expeditiously and without any delay‑‑High Court directed the Guardian Judge to decide the petition under S.25, Guardians and Wards Act filed by mother, within two months, if necessary by holding day‑to‑day proceedings and submit compliance report to High Court. Muhammad Zahid Abbasi for Petitioner. This Constitutional petition assails the order dated 10‑12‑1987 passed by the learned Guardian Judge, Lahore and the order dated 30‑1‑1989 passed by a learned Addl. District Judge, Lahore.

2. The parties were married on 20‑12‑1985 and out of this wedlock a daughter namely Mst. Aisha was born on 20th November, 1986. Unfortunately the parties thereafter fell apart and arc living separately. According to the case of the petitioner she was illegally and unlawful deprived of the custody of the minor daughter on 3‑4‑1987 when the respondent No.1 turned her out of his house. At that time the age, of the minor was about 4‑5 months. On 21‑5‑1987 a petition under section 25 of the Guardian and Wards Act was filed by the petitioner against the respondent alongwith which an application under section 12 of the Act was also moved for interim custody. This application was, however, rejected by the learned Guardian Judge on the sole ground that the petitioner had filed an application after 1‑1/2 months of separation which was considered to be inordinate. This finding was upheld by the Additional District Judge, Lahore.

3. After hearing the learned counsel though it appears that the ground on which the application of the petitioner was rejected was not very sound but since the minor is living with her father for the last more than 2 years it would not at this stage appropriate to pass any interim order in the nature of restoration of the custody to the‑ mother. Mr. Zahid Abbasi, learned counsel for the petitioner informs me that the main petition under section 25 of the Act is at the stage of evidence. Since the age of minor is only about 2 years, this petition deserves to be decided expeditiously and without any delay. In these circumstances, I would direct that the Guardian Judge, Lahore shall decide the petition under section 25 of the Guardian and Wards Act filed by the petitioner within a period of two months from today, if necessary by holding day‑to‑day proceeding. A compliance report of this order shall be submitted to this Court. With these observations the writ petition is disposed of. AA./A‑802/L Order accordingly.