| Citation(s) |
|---|
| 1982 SLG 673 1982 SLD 673 1982 SCMR 1223 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. K-235 of 1981, decision dated: 13-12-1981. (On appeal from the judgment and order of the High Court of Sind, Karachi, dated 28-10-1981, passed in Constitutional Petition No. 19 of 1981)
ZAFFAR HUSSAIN MIRZA AND M. S. H. QURESHI, JJ
Mirza Abdur Rashid Advocate and Shabbir Ghaury, Advocate-on-Record for Petitioner. Nemo for
Respondents Nos. 1 and 2 Habibur Rehman, Advocate and A. Aziz Dastagir, Advocate-on-Record for
Respondent No. 3.
Civil Petition for Special Leave to Appeal No. K-235 of 1981, decision dated: 13-12-1981. (On appeal from the judgment and order of the High Court of Sind, Karachi, dated 28-10-1981, passed in Constitutional Petition No. 19 of 1981)
ZAFFAR HUSSAIN MIRZA AND M. S. H. QURESHI, JJ
Mirza Abdur Rashid Advocate and Shabbir Ghaury, Advocate-on-Record for Petitioner. Nemo for
Respondents Nos. 1 and 2 Habibur Rehman, Advocate and A. Aziz Dastagir, Advocate-on-Record for
Respondent No. 3.
MUHAMMAD DEEN MALIK AND another
VS
IIND ADDITIONAL DISTRICT JUDGE, KARACHI AND OTHERS
Law:
Section:
(a) West Pakistan Family Courts Act (XXXV of 1964)-- Ss. 5 & 14-Jurisdiction-Appeal-Family Courts possess exclusive jurisdiction in matters specified in Schedule to Family Courts Act, 1964 and custody of children and guardianship included in such Schedule Section 14 of Act providing for appeal against decision given or decree passed by Family Court to High Court in case of Family Court being presided over by a District Judge an Additional District Judge, or a person of such rank and to District Court in all other cases, forum of appeal in cases, in hand, held, clearly spelt out as High Court.-[Appeal (civil)-Jurisdiction]. (b) Guardians and Wards Act (VIII of 1890)---- ----- S 47 [as amended by Guardians and Wards (Amendment) Ordinance (XI of 1980)] and West Pakistan Family Courts Act (XXXV of 1964), Ss. 5, 14 & 25-Interpretation of statutes-Leave to appeal-Contention that if S. 47 of Guardians and Wards Act be taken to have been made dormant in view of combined effect of Ss. 5, 14 & 25 of Family Courts Act, 1964 and right of appeal regulated by S. 14 of such Act, Amending Ordinance (XI of 1980) would be rendered totally redundant and redundancy cannot be imputed to Legislature and further if effect be given to Amending Ordinance it will have to be held that right of appeal would be regulated by S. 47 and consequently no appeals lie from an order passed by Family Court under S. 12 of Guardians and Wards Act, 1890-Submissions, held, raise serious question of law requiring re-examination of view adopted in case reported as P L D 1981 S C 454, hence, leave to appeal granted.-[Interpretation of statutes]. Sakhawat Ali v. Shui Khelay P L D 1981 S C 454 ref. ORDER ZAFFAR HUSSAIN MIRZA, J.-This is a petition for special leave arising out of the judgment and order passed by a learned single Judge of the Sind High Court in a Constitutional Petition filed by the petitioners, whereby the judgment of the learned II-Additional District Judge, Karachi, dated 11-2-1981, on appeal filed against the order of the First Family Judge, Karachi, dated 9-8-1980 allowing the application under section 12 of the Guardians and Wards Act, 1890 by the petitioners for the…
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