Law:

Section:

(a) Family Courts Act (XXXV of 1964)--- ----S. 5---Guardians and Wards Act (VIII of 1890), S. 25---Custody and guardianship of minor---Determination of jurisdiction---Family Court had exclusive jurisdiction to entertain, hear and adjudicate all the matters which fell within First Schedule of Family Courts Act, 1964 which included custody and guardianship matters---In the present case, application for custody of minors filed under S. 25 of Guardians and Wards Act, 1890 was returned for presentation before the appropriate forum---Constitutional petition was allowed accordingly. [Para. 5 of the ] Major Muhammad Kahlid Karim v. Mst. Saadia Yaqub and others PLD 2012 SC 66 rel. (b) Family Courts Act (XXXV of 1964)--- ----Preamble---Family Courts Act, 1964 was enforced with a vivid object to take out the matters falling within the ambit of Family Court from the ordinary regime qua dispensation of justice and for expeditious disposal of such matters---Special forum was created where rigors of procedural implication and the requirements of evidence law were either dispensed with or simplified enabling the parties for amicable settlement of their disputes. [Paras. 5 of the ] Major Muhammad Khalid Karim v. Mst. Saadia Yaqub and others PLD 2012 SC 66 rel. (c) Family Courts Rules, 1965--- ----R. 6---Determination of territorial jurisdiction---Forum---Question of territorial jurisdiction of the Family Court was to be decided under the Family Courts Act, 1964 and its rules. [Para. 5 of the ] Major Muhammad Kahlid Karim v. Mst. Saadia Yaqub and others PLD 2012 SC 66 rel. THIS JUDGMENT DELIVERED BY: AMIN-UD-DIN KHAN, JUSTICE:---.--- Through this writ petition the petitioner, who is respondent in an application filed under section 25 of the Guardians and Wards Act, 1890, has challenged the order dated 10.03.2012 passed by the learned Guardian Judge, Lahore, whereby an application moved by the petitioner for return of guardian application and to file the same before an appropriate forum has been dismissed. 2. Learned counsel for the petitioner argues that the respondent Khawar Aqeel Ahmad filed an application under section 25 of the Guardians and Wards Act, 1890 for the…

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