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MAHMOODA SULTANA versus JAMILA BEGUM


Article 8 ((()) Guardians and Wards Act (VII90 of the VII), Article 17 The appointment of a minor girl mother is not subject to any defect by the courts or by any instability.) There is an interruption that is not open to interruption.

1985 S C M R 1926

Present: Aslam Riaz Hussain, Nasim Hasan Shah and

Shafiur Rahman, JJ

Mst. MAHMOODA SULTANA‑‑Petitioner

versus

Mst. JAMILA BEGUM‑‑Respondent

Civil Petitions Nos. 95 and 96 of 1979, decided on 24th April, 1985.

(On appeal from the judgment, dated 20‑12‑1978 of the Lahore High Court, Lahore in F.A.Os. Nos. 317 and 318 of 1978).

Constitution of Pakistan (1973)‑‑

‑‑Art. 185(3)‑‑Guardians and Wards Act (VIII of 1890), S. 17‑ Appointment of guardian‑‑Minor girl‑‑Mother found to be proper person by Courts below‑‑Finding not suffering from any legal defect nor otherwise infirm‑‑Such finding held, not open to interference‑‑Petition for leave to appeal dismissed.

A.W. Butt, Advocate Supreme Court and S. Inayat Hussain, Advocate‑on‑Record for Petitioner.

Nemo for Respondent.

Date of hearing: 24th April, 1985.

ORDER

NASIM HASAN SHAH, J.‑‑

The contest is between the grandmother (petitioner herein) and the mother (responded herein) of Mst. Faraz Wajid, a minor girl, with regard td the question as to who should be appointed as the guardian of her property and to whom should her custody be entrusted

2. The Court below have found her mother to be the proper person in this regard. The grandmother has challenged this finding through this petition.

3. The learned counsel appearing in support of this petition has not been able to show that the finding recorded by the Courts below suffers from any legal defect or is otherwise infirm. We do not, therefore, find any ground for interference.

4. These petitions are, accordingly, dismissed.

M. I. Petitions dismissed.

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