Law: Guardians and Wards Act, 1890

Section: 12

Law: Family Courts Act, 1964

Section: 14(3)

Guardians and Wards Act (VIII of 1890)--- ----S.12---Family Courts Act (XXXV of 1964), S.14(3)---Appeal against interim order passed under S.12 of Guardians and Wards Act, 1890---Maintainability---Trial Court, while passing order in terms of S.12 of Guardians and Wards Act, 1890, declined interim custody of the minors to the petitioner-father and provided a schedule of meeting; whereas, the appellate Court, accepting appeal against said interim order, modified the schedule and allowed change of school---Validity---Trial Court, keeping in view the welfare and betterment of the minors for certain period, had passed the interlocutory/interim order, as an ancillary order, against which no remedy of appeal, revision or review had been provided---Interference at the interlocutory stage was avoided by the High Court under its constitutional jurisdiction, particularly, when the Legislature had not provided any appeal against interlocutory order in the statute---Trial Court, while passing the Impugned order, had not delivered any final decision, and the order, being interim in nature, could not have been challenged before the appellate court in terms of S.14(3) of Family Courts Act, 1964---Impugned order by the appellate Court, being coram non judice/without jurisdiction and void ab-initio, was not maintainable---Legal plea, not raised before the lower Appellate Court, could not be raised before the High Court---Impugned order of the Appellate Court was, therefore, set aside. Syed Saghir Ahmed v. Province of Sindh through Chief Secretary S&JD Karachi and others 1996 SCMR 1165; Bilawal House, Karachi v. The State 1991 SCMR 1447; Mushtaq Hussain Bukhari v. The State 1991 SCMR 2136 and Pakcom and others v. Federation of Pakistan and another PLD 2011 SC 44 rel. THIS ORDER PASSED BY: SYED MUHAMMAD FAROOQ SHAH, JUSTICE:---.--- Through this petition the impugned order dated 3.3.2016 passed by the learned Additional District Judge V of Karachi South has been challenged mainly on the ground that the appellate Court being Coram non-judice entertained the appeal under Section 14(3) of West Pakistan Family Courts Act, 1964, which provides that "no appeal of revision shall lie…

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