Law:

Section:

West Pakistan Family Courts Rules, 1965-------R. 6---Guardians and Wards Act (VIII of 1890), S.25---Constitution of Pakistan, Art.199---Constitutional petition---Application for custody of minor---Objections with regard to territorial jurisdiction of Guardian Court---Guardian Judge dismissed objection petition filed by the father---Validity---Spouses lived at Peshawar and thereafter at Lahore and then settled at Abu Dhabi---Guardian Judge Islamabad had no jurisdiction to entertain application filed under S.25 of the Guardians and Wards Act, 1890---Impugned order was set aside and Guardian Judge was directed to return application for custody of minor for presentation of the same before the court of competent jurisdiction---Constitutional petition was accepted in circumstances. Major Muhammad Khalid Karim v. Mst. Sadia Yaqoob PLD 2012 SC 66 rel. Aleem Baig Chughtai Advocate Supreme Court for Petitioner. Syed Ishfaq Hussain Naqvi for Respondents. ORDER MUHAMMAD ANWAR KHAN KASI, C.J.--- The petitioner [respondent in main petition under Guardian and Wards Act], assails the order dated 4-6-2013, passed by learned Guardian Judge Islamabad, whereby his application seeking dismissal of the guardian petition filed by the respondent No.2 on the ground of jurisdiction was rejected by observing that where the plaintiff wife resides, that court has jurisdiction for all the matters including the custody of minor. 2. Briefly the facts are that the respondent No.2 [Mst. Sitwat Fatima] filed an application under sections 25 and 12 of the Guardians and Wards Act, 1890, for the custody of her minor son Amaan Hassan aged about 11 years. The petitioner through an application raised objection qua territorial jurisdiction, which was accepted and resultantly main application under section 25 of the Act was dismissed vide order dated 30-5-2012. 3. On Appeal filed by the respondent No.2, order impugned was set aside and the case was remanded with the direction to decide the question of territorial jurisdiction first and then to proceed with the merits of the case. 4. The learned Guardian Judge vide ex parte order dated 7-3-2013 accepted the petition under section 25 of the Act and…

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