' This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 assails the order of the Guardian Judge, Jhang dated 6th of November, 1989 which was affirmed in appeal by the District Judge, Jhang on 21st of May, 1990.'
2. Respondent No,3 is the husband and the petitioner is his wife. Out of this wedlock a daughter named Mst. Khudija was born. There is some dispute as regards her age. Be that as it may, suffice it to say that respondent No,3 filed an application for the custody of the minor on the ground that her welfare demands that she should, live with him. The application was contested by the petitioner.
The learned Guardian Judge after recording the evidence of the parties came to the conclusion that the custody of the minor should go to respondent No,3. This finding having been affirmed by the appellate Court the petitioner has invoked the Constitutional jurisdiction of this Court.
3. When the case came up for hearing on 25th of February, 1991 this Court directed the petitioner to produce the minor. On 19th of March, 1991 she (minor) appeared and stated that she had married Nadir All and was pregnant with his child. The petition was admitted to regular hearing on that date.
4. The arguments of the learned counsel have been heard. Both the learned counsel agree that in view of the statement of Mst. Khadija on 19th of March, 1991 that she had married Nadir Ali and was carrying his child, the matter should be remanded to the Guardian Judge for deciding the question as to whether respondent No,3 is entitled to the custody of the minor after impleading Nadir Ali as a respondent in the application under section 25 of the Guardians and Wards Act filed by respondent No,3. This appears to be a fair and just arrangement. As a result of what has been stated above this petition is accepted, the impugned orders are declared to be without lawful authority and of no legal effect and the case is remanded to the Guardian Judge, Jhang for decision afresh in accordance with law. Respondent No,3 shall file an amended petition impleading Nadir Ali as a respondent on 1st of June, 1991 when the parties shall appear before the Guardian Judge. The Guardian Judge shall decide the application within the month of June, 1991 if necessary by holding day to day proceedings. A compliance of this order shall be. Reported to this Court.