| Citation(s) |
|---|
| 1975 SLG 3191 = 1975 SLD 3191 = 1975 PLD 334 |
Lahore High Court
Civil Revision No. 117 of 1974, decided on 4th April 1974.
Presented By: Aftab Hussain, J
Malik Khizar Hayat Khan Tiwana v. Mst. Zainab Begum and others P L D 1967 S C 402 and Juma Khan v. Mst. Gul Ferosha P L D 1972 Pesh. 1 ref. S. M. Zafar and Sh. Abdul Manan for Petitioner. D. M. Awan for
Respondent.
Civil Revision No. 117 of 1974, decided on 4th April 1974.
Presented By: Aftab Hussain, J
Malik Khizar Hayat Khan Tiwana v. Mst. Zainab Begum and others P L D 1967 S C 402 and Juma Khan v. Mst. Gul Ferosha P L D 1972 Pesh. 1 ref. S. M. Zafar and Sh. Abdul Manan for Petitioner. D. M. Awan for
Respondent.
Miss. PARVEEN-Petitioner
VERSUS
kh. MUHAMMAD ASHAR-Respondent
Law: Guardians and Wards Act (VIII of 1890)
Section: 25, 12
Law: West Pakistan Family Courts Act, 1964
Section: 25, 17
Law: Civil Procedure Code (V of 1908)
Section: 115
(a) Guardians and Wards Act (VIII of 1890) Ss. 25 & 12-Custody of minors-Wife making application under S. 12 praying that children may be allowed to go and stay with her for fortnight-Allegation by husband that wife a woman of immoral character-Held, mere allegation of immorality not sufficient to refuse interim custody to mother-Estrangement between parents and children to be avoided at all costs. Nemat Ullah Qureshi and another v. Mst. Balqis Sitara P L D 1973 Lah. 442 ref. (b) West Pakistan Family Courts Act (XXXV of 1964) Ss. 25 & 17, Guardians and Wards Act (VIII of 1890), Ss. 12 & 25 and Civil Procedure Code (V of 1908), S. 115-Family Court dealing with applications for custody of minor-Word "procedure" in S. 25 Remedy by way of "revision" cannot be equated with "appeal" or "procedure"-Distinction between appeal and revision and connotation of word "procedure" - Case-law discussed - Revisional jurisdiction under S. 115, C. P. C. does not confer any substantive right-It's a matter between higher and lower Court and the right to move higher Court in revision is merely a privilege granted to party - Word "procedure" in S. 25 of Act XXXV of 1964 does not exclude an appeal from its ambit-All provisions of procedure given in Guardians and Wards Act will apply to cases of guardianship matters before a Family Court-Litigant can invoke provisions of S. 115, C. P. C. jMst. Zaibun Nisa v. Muhammad Mozammil P L D 1972 Kar. 410 dissented from]. Mst. Zaibun Nisa v. Muhammad Mozammil P L D 1972 Kar. 410 dissented from. Mst. Farida Parveen v. Qadeeruddin Siddiqui P L D 1971 Kar. 118; Muhammad Ismail v. Fazal Ahmad P L D 1969 Lah. 834; Laxmendas v. Chunilal A I R 1931 Nag. 17; Akhtar Aksi v. Aftab Ahmad Khan and another P L D 1960 Lah. 57; Ali Abid Zaidi v. Deputy Settlement and Rehabilitation Commissioner P L D 1967 Lah. 836; Tahir All and others v. Chief Judge, Karachi, Small Causes Court and another P L D 1963 S C 147; Commissioner of Income-tax, East Pakistan v. Fazlur Rahman P L D 1964 S C 410; Black stone on Elements of Law, 1889 Edn., p. 21; Holland on Jurisprudence, 13th Edn., 1924,…