Law: Guardians and Wards Act, 1890

Section: 9

Law: Guardians and Wards Act, 1890

Section: 9

Law: Family Courts Act, 1964

Section: 7(2),7(ii)

Guardians and Wards Act (VIII of 1890)--- ----Ss.9 & 25---West Pakistan Family Courts Act (XXXV of 1964), S.7(ii), second proviso---Constitution of Pakistan, Art. 199---Constitutional petition---Custody of minors---Territorial jurisdiction---Plea raised by mother of minors was that under the provisions of West Pakistan Family Courts Act, 1964, she could file application for custody of minors at the place of her right conferred on a wife by second proviso to S. 7(ii) of West Pakistan Family Courts Act, 1964, meant that the place of her residence would create jurisdiction in competent court for the types of claims mentioned therein that a wife might file---If procedural technicality was allowed to rule the choice of forum in such a matter then benefit conferred upon a wife or a mother by second proviso to S. 7(ii) of West Pakistan Family Courts Act, 1964, would be easily lost---Family Court at the place of residence of mother of minors had jurisdiction to entertain her application for custody of her minor children who were residing in some other city---Petition was allowed accordingly. Anne Zahra v. Tahir Ali Khilji and 2 others 2001 SCMR 2000; Muhammad Iqbal through Special Attorney Faiz Sultan v. Parveen Iqbal PLD 2005 SC 22 and Muhammad Ismail and Sons v. Trans-Oceanic Steamship Co. Ltd. PLD 1966 Dacca 296 rel. Ch. Nazir Ahmad Kamboh for Petitioner. Rana Muhammad Anwar Khan for Respondent No. 1. Date of hearing: 29th May, 2009. JUDGMENT UMAR ATA BANDIAL, J.---This petition is filed against the decisions of the learned lower courts dated 15-2-2008 and 30-5-2006 emanating from the proceedings before the learned Guardian Judge in the petitioner application for custody of her two minors children who are being kept by or on behalf of the respondent No.1, ex-husband of the petitioner. It was revealed during the proceedings that the children are residing at Multan with their paternal grand parents when their father, an Army officer, is on field duty; otherwise he also resides with the children at Multan. The learned lower courts have returned the petitioner's application on the ground of lack of territorial jurisdiction with a direction to re-file the same before…

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