Law:

Section:

Family Courts Act (XXXV of 1964)--- ----S. 25-A(2)---Guardians and Wards Act (VIII of 1890), Ss.12 & 25---Custody of minor---Transfer application---High Court, jurisdiction of---Applicant was mother of minor who filed application for custody of minor---Respondent was father of the minor who was aggrieved of not producing the minor for meeting with him, therefore, he filed application under S. 100, Cr.P.C. for recovery of minor to have right to meet his son---Validity---Applicant had alternate legal remedy to agitate her grievances by approaching District Court by preferring transfer application but she directly filed the same before High Court which showed mala fide on her part to develop pressure upon Trial Court which was competent to pass appropriate orders on application under S. 100, Cr.P.C., moved by father of minor---No restraining order passed by Lower Appellate Court existed in appeal filed by applicant and mere filing of appeal against order passed by Trial Court did not put any embargo upon Trial Court from conducting further proceedings in main case---High Court declined to transfer (guardian) application to any other court---Application was dismissed in circumstances. THIS ORDER PASSED BY: SHAHNAWAZ TARIQ, JUSTICE:---.--- Through captioned transfer application, applicant Dr. Shakeela has prayed for transfer of Guardians and Wards Application No. 28 of 2014, Re-Dr. Aqeel Ahmed v. Dr. Shakeela Aqeel, sub-judice before the Court of III-Family Judge, Kandiaro, to any other Court at Kandiaro. 2. Necessary facts spelt out from instant transfer application are that respondent filed Guardians and Wards application against applicant before the Family Court, Kandiaro, for the custody of minor son. The respondent also filed application under section 12 of Guardians and Wards Act, 1890, which was allowed by the Court. Applicant agitated said impugned by preferring F.A. No. 01 of 2015, which is still pending before the Court of Additional District Judge, Kandiaro. Due to non-production of minor before the Court, respondent filed another application under section 12 of G & W Act read with section 100, Cr.P.C. which was allowed, hence instant transfer…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492