Law: Guardians and Wards Act, 1890

Section: 9,10,25

Guardian and Wards Act, 1890 (VIII of 1890)-- ----Ss. 9, 10 & 25--Muslim Family Court Act, 1964, Ss. 5 & 7(2)--West Pakistan Family Courts Rules, 1965, R. 6--Constitution of Pakistan, 1973, Art. 199--Suit for custody of Minors, recovery of dower, dowry articles and personal belongings--Marriage was dissolved--Application for interim custody of minors was allowed--Jurisdiction--Challenge to--Family Court at Peshawar has jurisdiction to entertain, hear and adjudicate upon suit of respondent/wife for dower etc including custody of minors in light of above referred provisions of law--Learned counsel for parties focused on issue and order of learned Judge, Family Court, with regard to question of jurisdiction, and no other point was urged, neither issue of interim custody of minors was raised for detailed discussion, having been overshadowed by issue of jurisdiction--Petition was dismissed. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE---.--- Muhammad Ashar Malik and his mother Muqadas Firdous, petitioners, invoked the constitutional jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayers:-- "I. That the Judge Family Court, Peshawar has no jurisdiction to entertain any application/petition concerning the custody of two minor daughters, Innaya Durkhannai and Innan Gulalalai, born on 19.01.2014 and 03.10.2015 in Karachi and permanently residing therein and cognizance assumed in respect of custody of minors is patently illegal. II. That the jurisdiction assumed and cognizance taken by the learned Family Court Peshawar relating to custody of minors having permanent abode at Karachi is unlawful and orders dated 22.11.2017 and handing interim custody through order dated 24.03.2018 have been passed without appreciating of law, in excess of jurisdiction, without lawful authority and liable to be declared unlawful. III. That the learned trial Court/Judge Family Court is bound to pass speaking orders on all misc. applications pending before her including that of appointment of Medical Board and custody/interim custody of minors and refusal thereof is illegal. IV. Any other…

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