Law: Guardian and Wards Act (VIII of 1890)

Section: 4

  Guardians and Wards Act (VIII of 1890)--- ----S. 4-A(1)---High Court (Lahore) Rules and Orders, Vol. II, Chap. 2, Part 1, R.1---West Pakistan Family Courts Act (XXXV of 1964), S.25-A---Courts competent to entertain guardian matters---Notifications issued by High Court in terms of S.4-A(1), Guardians and Wards Act, 1890 and under High Court Rules and Orders---Combined effect---High Court in exercise of powers under S.4-A(1), Guardians and Wards Act, 1890, had authorised District Judges to transfer proceedings under Guardians and Wards Act, 1890 to Civil Judges First Class and they could not nominate Civil Judge at sub-divisional level or otherwise to act as Guardian Judges---Only three sets of Courts (Senior Civil Judge, Civil Judge First Class specifically nominated by High Court and Civil Judges 1st Class empowered by District Judges) could legally hear and decide guardian matters and none else. Guardians and Wards Act (VIII of 1890)--- ----S. 4-A(1)---High Court (Lahore) Rules and Orders, Vol. II, Chap. 2. Part 1, R.1---West Pakistan Family Courts Act (XXXV of 1964), S.25-A---Transfer of guardian petitions were pending in Family Court---Court wherein such guardian petitions were pending, Presiding Officers of same had not been nominated to perform functions of Guardian Judge, therefore, cases under Guardians and Wards Act could not be entertained by that Court/Judge---High Court in exercise of suo motu jurisdiction withdrew specified cases and transferred those cases to Guardian Judge. Khalid Sajjad Khan with Azmat Saeed for Petitioner. Respondent in person. , ORDER The petitioner has moved this transfer application for transfer of two guardian petitions filed by the respondent and pending in the Court of Sh.Abid Hussain, Civil Judge Ist Class-cum-Judge Family Court, Lahore. The same was admitted to hearing and the notice was issued to the respondent, who has appeared and notified that he has no objection to the application being accepted.   Mr. Azmat Saeed, Advocate, the learned counsel for the petitioner states that he has no instructions from the petitioner. The same is, therefore, dismissed for non-prosecution. The applications pertain to the…