Law:

Section:

Guardians and Wards Act (VIII of 1890)--- ----Ss. 25, 47 & 12---West Pakistan Family Courts Act (XXXV of 1964) Ss. 25 & 14---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability----Interlocutory order for granting interim custody of minor----Constitutional petition was not maintainable when the scope of the appeal against order passed by the Family Court existed before the District Court , and not the High Court as provisions of the West Pakistan Family Courts Act, 1964 had an overriding effect on the provisions of the Guardians and Wards Act, 1890---Under the proviso to the S.47 of the Guardians and Wards Act, 1890 such appeal would lie before the District Court, and no Constitutional petition would lie before the High Court---Family Court would not only have exclusive jurisdiction to decide matters relating to the custody of children and guardianship, but would also be deemed to be a District Court for the purposes of the Guardians and Wards Act, 1890 and appeal against order passed by Family Court would lie to the District Court under S.14 of the West Pakistan Family Courts Act, 1964, when the Family Court was presided over by a Judge subordinate to a District Court Judge---Aggrieved person could file Constitutional Petition in the High Court when the findings of the District Court were based on misreading and non-reading of evidence, erroneous assumption of law and fact or was founded on considerations which were extraneous to the record---High Court had no jurisdiction in cases dealt under the West Pakistan Family Courts Act, 1964 or those under the Guardians and Wards Act, 1890 by virtue of S. 25 of the West Pakistan Family Courts Act, 1964---Constitutional petition was dismissed in circumstances. Mst. Nighat Firdous v. Khadim Hussain 1998 SCMR 1593; Mst. Firdous Iqbal v. Shifaat Ali 2000 SCMR 838; Mst. Azizan Bibi v. District Judge Badin 1995 CLC 614; Mst. Misbah Rubeena v. Ali Quli Amin-ud-Din 2003 YLR 2528; Sheikh Waseem Ahmed v. Mst. Wazir Begum 2005 CLC 1755; Mst. Tahira v. Additional District Judge Rawalpindi 1990 SCMR 852 and Mrs. Ghazala Yamin v. Muhammad Yamin 1987 MLD 2940 ref. ORDER SYED HASAN AZHAR RIZVI,…

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