' Through this Constitutional Petition, Mst. Siddigan Bibi and Ghulam Yasin, petitioners seek declaration to the effect that the order dated 29-7-1986 of learned Guardian Judge/Judge Family Court, Muzaffargarh, directing Elahi Bakhsh, respondent No,5, to hand over the interim/temporary custody of Mst. Siddiqan Bibi, petitioner No,1 to her mother, Mst. Jannat, respondent No,3, and the order dated 3-10-1987 passed by the learned Addl. District Judge, respondent No,1 rejecting the appeal of Elahi Bakhsh, respondent No,5 against the order dated 29-7-1986 of the learned Guardian Judge, Muzaffargarh, respondent No,2, are illegal, without lawful authority and of no legal effect.
2. The learned counsel for the petitioner contended that since Mst. Siddiqan Bibi had not only attained majority but had also been married to Ghulam Yasin, petitioner No,2, and was living with him and a decree for the restitution of conjugal rights had also been passed in favour of Ghulam Yasin against petitioner No,1, therefore, the learned Guardian Judge had no jurisdiction to deliver the interim custody of petitioner No,1 to her mother Mst. Jannat, respondent No,3.
3. The learned counsel for respondents Nos.3 and 4 frankly admitted that the petitioner Mst.
Siddiqan Bibi was not only married to Ghulam Yasin before the order of her interim custody was passed by the learned Guardian Judge, but has by now given birth to a child and is presently living with her husband Ghulam Yasin.
4. I have considered the matter carefully. Admittedly, Mst. Siddiqan Bibi was married to Ghulam Yasin, petitioner No,2, and was living with him and she had also attained majority, therefore, the learned Guardian Judge had no authority to deliver her custody even temporarily to her mother, respondent No,3.
5. Pursuant to the above discussion, this petition is allowed and the impugned orders are declared to be illegal, without lawful authority and of no legal effect. The parties shall bear their own costs.