Law: Family Courts Act, 1964

Section: 5

Law: Guardians and Wards Act, 1890

Section: 12

(a) Family Courts Act (XXXV of 1964)--- ----S. 5, Sched. Sr. Nos. 5 6, Part I---Mental Health Ordinance (VIII of 2001), S. 60---Jurisdiction of Family Court---Custody of minors---Guardianship---Visitation rights---Scope---Question before High Court was whether the provisions of Mental Health Ordinance, 2001, contradict and repeal the Family Courts Act, 1964, to take away jurisdiction of the Family Court qua custody of minors who are suffering from any mental disability and vest the same in the Court of Protection---Held; main crux of the Mental Health Ordinance, 2001, essentially relates to psychiatric facility and management of property of the mentally disabled persons and appointment of guardian under the Mental Health Ordinance, 2001---Dispute inter se parents of a minor for his or her custody and/or guardianship is manifestly not a subject matter of the Mental Health Ordinance, 2001, which falls within the exclusive domain of Family Court even when the minor suffers from any disability---Provisions of Mental Health Ordinance, 2001, do not contradict and repeal the provisions of S. 5 read with Entries Nos. 5 and 6 of Part I of the Schedule to the Family Courts Act, 1964 to take away jurisdiction of the Family Court in disputes amongst parents regarding guardianship and/or custody of minors who are suffering from any mental disability---Overriding effect of the Mental Health Ordinance, 2001, as provided in S. 60 thereof, is limited to cases of conflict. Muhammad Khalid Karim v. Mst. Saadia Yaqoob PLD 2012 SC 66 and Anne Zahra v. Tahir Ali Khilji and 2 others 2001 SCMR 2000 rel. Sabar Khan v. Amir Hussain and another PLD 1995 Pesh. 14 and Aurangzeb v. Public at large PLD 2006 Pesh. 116 ref. Yasmin Jang v. Advocate General, Punjab and others PLD 2022 Lah. 495 distinguished. (b) Family Courts Act (XXXV of 1964)--- ----S. 5, Sched.---Mental Health Ordinance (VIII of 2001), Ss. 29, 30, 31, 32, 33 60---Jurisdiction of Family Court---Judicial proceedings for appointment of guardian of mentally disordered person---Custody of minors---Scope---No doubt Ss. 32 33 of the Mental Health Ordinance, 2001, vest authority in the Court of Protection for the appointment of…

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