Law: Guardians and Wards Act (VIII of 1890)

Section: 7, 47

Law: West Pakistan Family Courts Act, 1964

Section: 25, 14

(a) Guardians and Wards Act (VIII of 1890), Ss. 7 & 47---West Pakistan Family Courts Act (XXXV of 1964), Ss. 25 & 14 read with West Pakistan Family Court Rules, 1965, r. 22---Application wader S. 7, Guardians and Wards Act, filed before District Judge acting as Family Court under West Pakistan Family Courts Act, 1964----A ppeal against order passed in, lies under provisions of S. 14 of Act XXXV of 1964 read with r. 22 of West Pakistan Family Courts Rules, 1965 and not under S. 47 of Act VIII of 1890---Period of limitation for appeal from order of Guardian Judge acting as Family Court under Family Courts Act----30 days and not 90 days. Muhammad Ismail v. Fazal Ahmed P L D 1969 Lah. 834; Jumma Khan v. Gul Ferosha P L D 1972 Pesh. 1; Khizar Hayat Khan Tiwana v. Zenab Begum P L D 1967 S C 402 and Zainab Tiwana v. Aziz Ahmed Waraich P L t) 1967 Lah. 977 ref. Zaibunnissa v. Mohammed Muzamil P L D 1972 Kar. 410 ref. (c) Limitation Condonation of delay Appellant must show that his conduct throughout the period from passing of judgment till filing of appeal has been one of reasonable diligence---West Pakistan Family Courts Act (XXXV of 1964), S. 14---West Pakistan Family Courts Rules, 1965, r. 22.             Date of hearing: 12th March 1973.                                                                                                                       JUDGMENT The first question that arises in this Misc. Appeal is whether it has been filed in time and if not whether sufficient reason has been made out to allow condonation of the delay. The respondent is the wife of the appellant and has two children from him, namely, Zarina and Muhammad Aslam, who, at the date of the Institution of the appeal, were stated to be 10 years and 8 years cold respectively. She filed an application under the Jatardians and Wares Act in…