Handing over custody of the minor during the summer vacations

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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