Law: West Pakistan Family Courts Act, 1964

Section: 17

Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Constitution of Pakistan, 1973

Section: 199

Law: Guardians and Wards Act (VIII of 1890)

Section: 12

Law: Family Courts Act, 1964

Section: 14

(a) West Pakistan Family Courts Act (XXXV of 1964) S. 17 and Civil Procedure Code (V of 1908), S. 115-Phrase "before any Family Court" occurring in section - Adjectival and not adverbial - Descriptive of word "proceedings" Does not refer to time of pendency of proceedings-Orders of Family Courts excluded from operation of S. 115, Civil Procedure Code, 1908, hence, S. 17 precludes High Court from revising orders passed by Family Courts. The argument amounted to this : that the Civil Procedure Code will not apply so long only as the proceedings are pending before the Family Courts. Held : This is not a correct interpretation of the language nor, consistent with the obvious intention of the Legislature. Words "before any Family Court" are descriptive of the word "proceedings" and do not refer to the time when the proceedings are pending. The phrase is, adjectival and not adverbial. The cases which have taken the view that no revision of the present kind lies to the High Court were correctly decided. Wajahat Ali v. Ghazala P L D 19 7.0 Lah. 641 ; Tehseen Akhtar v: Mahmood-ul-Hassan P L D 1971 Lah. 875 and Farida Parveen v. Qadeeruddin Ahmad P L D 1971 Kar. 118 fol. Zaibun Nisa v. Muhammad Mozammil P L D 1972 Kar. 410 held nor applicable. (b) Constitution of Pakistan (1973) Art. 199-Writ jurisdiction-Appeal not provided for by statute- . Correction of illegality can yet be had by having recourse to extra ordinary jurisdiction of High Court. (c) Guardians and Wards Act (VIII of 1890) S. 12-West Pakistan Family Courts Act (XXXV of 1964), S. 14- Appeal--Expression "a decision given" in S. 14-Not in any manner qualified by any such word as "final"-Order under S. 12, Guardians and Wards Act, 1890= "A decision given" hence appealable under S. 14, Family Courts Act, 1964. Date of hearing : 22nd November 1974.                                                                                      …