Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------Ss. 25-A, 4 & 5, Sched.---Guardians and Wards Act (VIII of 1890), Ss. 25 & 4-A---Lahore High Court Letter No.1933/MIT/HC/REF/2/87, dated 28-1-1987---Lahore High Court Letter No.1922/JOB-II(I)/XVB.9, dated 6-2-2001---Constitution of Pakistan, Art. 199---Constitutional petition---Suit for recovery of maintenance allowance for children---Application for custody of minor children---Transfer of family case before Guardian Court---Effect---District Judge transferred suit for recovery of maintenance allowance by wife before Guardian Court where an application for custody of minor by husband was already pending, for its consolidated hearing and decision with the said application---Validity---Section 5 of West Pakistan Family Courts Act, 1964 conferred exclusive jurisdiction upon the Family Court with regard to the matters which would fall within the ambit of the Schedule attached thereto---Matters with regard to maintenance and guardianship would fall within the purview of the said Schedule---Under S.4 of West Pakistan Family Courts Act, 1964 a Civil Judge could be appointed as a Judge of Family Court---District Judge could also empower any Civil Judge of First Class in the District to dispose of any proceedings transferred to him under Guardians and Wards Act, 1890---Civil Judge while exercising powers as a Guardian Judge could also hear the family cases---No jurisdictional error, factual or legal infirmity was pointed out in the impugned order passed by the District Judge---Constitutional petition was dismissed in limine. Major Muhammad Khalid Karim v. Mst. Saadia Yaqub and others PLD 2012 SC 66 distinguished. ORDER ABDUS SATTAR ASGHAR, J.--- Petitioner has invoked the constitutional jurisdiction of this Court to impugn the order dated 31-10-2014 passed by the learned District Judge Lahore. 2. Succinctly facts leading to this petition are that the petitioner filed a suit for recovery of maintenance allowance etc against her husband/respondent No.5 which was pending in the court of learned Judge, Family Court Lahore. Respondent also filed an application under section 25 of the Guardians and Wards Act, 1890…

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