SAJIDA REHMAT ULLAH vs GUARDIAN JUDGE-II Ss — 2022 PLD 183 LAHORE-HIGH-COURT-LAHORE

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SAJIDA REHMAT ULLAH VS GUARDIAN JUDGE-II Ss. 17 & 7---Constitution of Pakistan, Art. 199---Constitutional petition---Appointment of guardian of minor---"Adoption" of minor by paternal aunt---Contest between biological parents and paternal aunt---Recording of statement of minor to determine minor's intelligent preference---Scope----Petitioner (paternal aunt) impugned order of Guardian Court whereby her application for recording of statement of minor to determine minor's preference was dismissed---Contention of petitioner, inter alia, was that recording of such statement was vital to determine question of minor's welfare---Validity---Minor's interview may help in a decision of a case as it may bring certain facts to guardian court's notice which may have been concealed or overlooked by parties during recording of evidence and thus it was preferable that Guardian Court should quiz such minor in detail---Ascertaining preferences of a minor and weight to be attached to same, however, were two different things and while questioning a minor, Guardian Court should not only consider minor's age and maturity but also see whether such minor had been tutored or was under undue influence of person with whom such minor was living for the time being---In the present case, minor was old enough to form an intelligent preference so petitioner was justified in invoking S.17(3) of the Guardians and Wards Act, 1890 however, perusal of impugned order showed that Guardian Court had declined petitioner's request not on ground that it was contrary to law but for reason that Guardian Court had already conducted such interview of minor, which was also reflected in the record---High Court observed that there existed no necessity for another application by petitioner for conducting such interview again, therefore, impugned order was justified---Constitutional petition was dismissed, in circumstances.

SAJIDA REHMAT ULLAH vs GUARDIAN JUDGE-II Ss — 2022 PLD 183 LAHORE-HIGH-COURT-LAHORE

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