Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 7(2), second proviso [as added by Family Courts (Amendment) Ordinance (LV of 2002)]---Guardians and Wards Act (VIII of 1890), S.9(1)---Constitution of Pakistan, Art. 185(3)---Custody of minor---Leave to appeal was granted by Supreme Court to consider whether second proviso to S.7(2) of West Pakistan Family Courts Act, 1964, had overriding effect on S.9(1) of Guardians and Wards Act, 1890; whether in the matters of custody of minors where question of territorial jurisdiction was involved, which of the said two provisions of law either second proviso to S.7(2) of West Pakistan Family Courts Act, 1964, or S.9(1) of Guardians and Wards Act, 1890, would be applicable; whether in view of second proviso to S.7(2) of West Pakistan Family Courts Act, 1964, filing of suit for dissolution of marriage was sine qua non for including claims relating to dowry, maintenance, dower, personal properties and belongings of a wife, custody of children etc. in one plaint or independent suits to claim that relief could be filed notwithstanding filing of suit for dissolution of marriage. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5---Jurisdiction of Family Court---Scope---Family Court has exclusive jurisdiction under S.5 of West Pakistan Family Courts Act, 1964, to entertain, hear and adjudicate all matters which fall within the First Schedule to West Pakistan Family Courts Act, 1964, and the same includes custody and guardianship matters. (c) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 25---Guardians and Wards Act (VIII of 1890), S. 25---Custody of minor---Territorial jurisdiction---Determination---For the purposes of determining "territorial jurisdiction" of Family Court, it is the West Pakistan Family Courts Act, 1964, and rules framed thereunder, which are taken into account and not the provision of S.25 of Guardians and Wards Act, 1890. (d) West Pakistan Family Courts Act (XXXV of 1964)- ----S. 7(2)---West Pakistan Family Courts Rules, 1965, R. 6(a) & (b)--- Family matters---Territorial jurisdiction---Determining factors---According to R.6(a) of West Pakistan Family Courts Rules, 1965,…

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