Law: West Pakistan Family Courts Act, 1964

Section: 14

West Pakistan Family Courts Act (XXXV of 1964)--- ----S.14---Interim order during pendency of main case---Whether appealable-- Interim orders passed by Family Court during the pendency of the main case, were not appealable and it was only the final order, decision or decree as the case may be, which could be appealed against. M. Anwar Sipra for Petitioner. Nemo for Respondents Nos.l and 2. Sh. Naveed Shaharyar for Respondent No.3 Date of hearing: 23th April, 1991 JUDGMENT This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 assails the judgment of the Additional District Judge Faisalabad, dated 18th July, 1988 accepting the appeal filed by respondent No.3 against the order, dated 11th May, 1988 of the Family Court/Guardian Judge, Faisalabad whereby he decided the preliminary issue regarding territorial jurisdiction in favour of the petitioner. Mst. Shamim Akhtar petitioner was married to Saeed Akhtar respondent No.3 and out of this wed-lock a daughter named Fahmina Saeed was born. It appears that a suit for dissolution of marriage was filed by petitioner against respondent No.3 in the Family Court Faisalabad wherein the parties purportedly entered into a compromise in accordance with which the marriage was dissolved and the custody of the minor daughter was handed over by the petitioner to respondent No.3 on 20th February 1988. About 8 days thereafter on 28th February, 1988 an application under section 25 of the Guardians and Wards Act for the custody of the minor was filed by the petitioner alleging that he was coerced into entering the compromise and relinquishing the custody of the child. It was averred that it was not in the welfare of the minor aged about 4 years that she should live with the father. An objection was taken by respondent No.3 that the Family Court at Faisalabad lacked territorial jurisdiction as   the minor was residing with the father at Sargodha. The Family Judge framed a preliminary issue which was decided against respondent No.3 on 11th May, 1988 and it was held that the Family Court at Faisalabad had the territorial jurisdiction to try the petition. Against this order of the Family Court an…