12. So far as the argument of learned counsel for
the petitioner that family Court could not pass the order
dated 25.06.2016 whereby application filed by respondent
No.2 for handing over custody of the minor during the
summer vacations was illegal on the ground that when the
application already decided no fresh application could be
entertained. In this regard, it is observed that the Guardian
Judge exercises a parental jurisdiction and there is no scope
of such jurisdiction for any undue adherence to
technicalities. Separate application can be made on fresh
grounds. Reliance is placed on “Malik Khizer Hayat Khan
Tiwana and another v. Mst. Zainab Begum” (PLD 1967 SC
402).
Used in Judgment of
Lahore High Court
Writ Petition-Family-Guardianship
8132-17
2017 LHC 2257
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