Law: Guardians and Wards Act, 1890

Section: 25,9

Law: Family Courts Act, 1964

Section: 5

Law: Family Courts Rules, 1965

Section: 6

(a) Guardians and Wards Act (VIII of 1890)--- ---Ss. 25 , 9---Family Courts Act (XXXV of 1964), S. 5, Sched.---Family Courts Rules, 1965, R. 6---Custody of minor---Territorial jurisdiction---Residing together---Minor, residing abroad---Scope (mother) filed a petition for custody of minor residing abroad (father) filed application under S. 9 of Guardians and Wards Act, 1890---Trial Court allowed the respondent’s application and returned that of petitioner---Appeals filed by petitioner were dismissed---Validity ---Case of petitioner was that respondent had gone abroad consequent upon mutual understanding to continue her education at a university and she had agreed to return to Pakistan after two years had not denied the assertions of petitioner, as such, the petitioner’s assertions would be deemed to have been admitted---Stay of respondent so also of the minor abroad was only of temporary nature, therefore, the Courts below had erred in holding that ‘ordinary residence of minor’ was abroad and not Pakistan---Such stay could not have been termed as ‘residing together’---Orders passed by Courts below were set aside and the matter was remanded to the Trial court for decision afresh---Constitutional petitions were disposed of accordingly. Major Khalid Karim’s case PLD 2012 SC 66; Anne Zahra’s case 2001 SCMR 2000; Scherazade Jamali v. Hisham Gillani and others PLD 2018 Sindh 377; PLD 2018 Sindh 377; 2017 YLR 994; 1999 CLC 1623; PLD 2020 Lah. 716; 1999 CLC 1137; 2011 CLC 146; 1998 MLD 1813; 2011 SCMR 1591; 2010 YLR 196; 2005 SCMR 1615; 1995 MLD 690; 2007 CLC 1885; 2013 CLC 131; 2011 SCMR 1591; PLD 1973 SC 24; 2020 MLD 42; 1990 MLD 2258; PLD 1958 SC (Pak) 437; 2020 YLR 196 and 2005 SCMR 1315 ref. Scherazade Jamali v. Hisham Gillani and others PLD 2018 Sindh 377; 1999 CLC 1137 and Malik Gul Raiz Awan v. Mst. Asma Gul Raiz and others 2009 MLD 1274 rel. (b) Jurisdiction--- ---Incumbent upon the court that before proceeding on merits with any legal proceedings, it be a suit, appeal, petition or application, to first see and decide as to whether such application is maintainable or not, more particularly when the other side specifically raised legal objection regarding…

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