| Citation(s) |
|---|
| 2017 SLG 599 2017 SLD 599 2017 MLD 214 |
Islamabad High Court
Writ Petition No. 596 of 2016, decided on 3rd May, 2016, Heard on: 28th April, 2016.
MIANGUL HASSAN AURANGZEB, JUSTICE
Syed Khawar Ameer Bukhari for Petitioners. Sajid Mehmood Shad for
Respondent No.2.
Writ Petition No. 596 of 2016, decided on 3rd May, 2016, Heard on: 28th April, 2016.
MIANGUL HASSAN AURANGZEB, JUSTICE
Syed Khawar Ameer Bukhari for Petitioners. Sajid Mehmood Shad for
Respondent No.2.
SOOFIA MUNIR AND ANOTHER --AppellantS
VS
JUDGE, FAMILY COURT (WEST), ISLAMABAD AND ANOTHER --RespondentS
Law:
Section:
(a) Family Courts Act (XXXV of 1964)--- ----Ss. 5, Sched. & 25---Suit for recovery of dower, maintenance allowance and dowry articles---Application by father for visitation the minor---Scope---Mother filed suit for recovery of dower, maintenance allowance and dowry articles---Father moved application for issuance of schedule for meeting the minor which was allowed by the Family Court---Validity---Family Court had jurisdiction to entertain and adjudicate upon an application for visitation rights filed by any of the parents to meet with their minor child---Such application could be routed through Senior Civil Judge or directly filed in the proceedings already pending before the Family Court---Constitution petition was dismissed in circumstances. Munir Alam v. Civil Judge/Family Court Lahore 2009 CLC 442; Syed Aqdas Abbas v. Mst. Samina Shahbaz 2010 CLC 32 and Shamim Akhtar v. District Judge 2016 MLD 242 ref. Anne Zahra v. Tahir Ali Khilji 2001 SCMR 2000; Mst. Maham Shabbir v. Salman Haider 2014 CLC 330; Aamir Shahzad v. Additional District Judge Multan 2015 CLC 632 and Major Muhammad Khalid Karim v. Mst. Saadia Yaqub and others PLD 2012 SC 66 rel. (b) Guardians and Wards Act (VIII of 1890)--- ----S. 12---Application under S.12, Guardians and Wards Act, 1890---Scope---Application under S.12 of the Act was not barred in proceedings other than for the dissolution of marriage. THIS JUDGMENT DELIVERED BY: MIANGUL HASSAN AURANGZEB, JUSTICE:---.--- Through the instant Writ Petition, the petitioners, Soofia Munir and her son, Zurain Bin Tahir, impugn the order dated 27.11.2015, passed by the learned Judge Family Court, Islamabad, whereby, respondent No.2's application under Section 12 of the Guardians and Wards Act, 1890 ("G&W Act"), was allowed. 2. The record shows that petitioner No.1 and respondent No.2 (Khawaja Tahir lqbal) got married on 29.07.2007. They were blessed with a son (petitioner No.2) on 02.07.2009. The marriage turned sour and respondent No.2 contracted a second marriage. On 20.06.2012, the petitioners filed a suit for recovery of dower amount, maintenance allowance and dowry articles before the learned Judge, Family Court, Islamabad, against…
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