Case Details

Citation(s)
1985 SLG 849 1985 SLD 849 1985 SCMR 1504
Supreme Court of Pakistan
Civil Petition No. 1351 of 1983, decision dated: 5-08-1984 (On appeal from the judgment dated 10-10-1983 of the Lahore High Court, Lahore in Civil Revision No. 619 of 1983)
NASIM HASAN SHAH, SHAFIUR RAHMAN AND MIAN BURHANUDDIN KHAN, JJ

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IHSANUR-REHMAN

VS

. Mst. NAJMA PARVEEN---Respondent

Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Guardians and Wards Act (VIII of 1890), Ss. 12 & 47--West Pakistan Family Courts Act (XXXV of 1964), S. 17--Civil Procedure Code (V of 1908), S. 115--Revision before High Court against order granting custody of children by Guardian Judge--Competency of--Guardian judge granting custody of children--Order impugned--Plea that no revision lay against order of Additional District Judge to High Court in such proceedings, repelled on strength of a decision of Lahore High Court which had been disapproved by Supreme Court--Submission prima facie being correct, leave to appeal granted. Parveen v. Muhammad Ashar PLD 1975 Lah. 334 and Sakhawat Ali and another v. Mst. Shui Khelay PLD 1981 S C 454 ref. A.W. Butt, Advocate Supreme Court and Sh. Salahuddin, Advocate-on-Record for Petitioner. Respondent in person. Date of hearing: 5th August, 1984. ORDER NASIM HASAN SHAH, J.--The dispute in this case is with regard to the custody of the minor children of the parties herein. The learned Guardian Judge granted the custody of the children to the father Ihsan-ur-Rehman, the petitioner herein. The appeal of the mother, Mst. Najma Parveen, respondent herein, was dismissed by the learned Additional District Judge vide his order dated 17-3-1983, whereupon she filed a revision before the High Court. The petitioner herein raised an objection before the High Court that no revision lay against the order of the Additional District Judge to the High Court in these proceedings. This contention was rejected on the authority of a decision of the Lahore High Court entitled Parveen…
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