| Citation(s) |
|---|
| 1995 SLG 888 1995 SLD 888 1995 CLC 1008 |
Sindh High Court
Civil Revision Application No. 207 of 1994, decision dated: 11-10-1994, hearing DATE : 4-10-1994
ABDUL LATIF U. QURESHI, J
Abdul Munim Khan for Petitioner. Waqar Muhammad Khan for
Respondent
Civil Revision Application No. 207 of 1994, decision dated: 11-10-1994, hearing DATE : 4-10-1994
ABDUL LATIF U. QURESHI, J
Abdul Munim Khan for Petitioner. Waqar Muhammad Khan for
Respondent
MUHAMMAD NASIM-
VS
Mst. GHAZALA
Law:
Section:
Guardians and Wards Act (VIII of 1890)-------S. 12---Civil Procedure Code (V of 1908), S. 115---Interlocutory order for production of minor in Court on every date of hearing and retention of minor in custody of mother from Thursday to Sunday every week---Interlocutory order of custody, impugned in revision---Competency---Provision of revision in terms of S. 115, Civil Procedure Code 1908 is not available against any order passed under S. 12, Guardians and Wards Act 1890---Appeal against order passed under S. 12, Guardians and Wards Act does not lie, but even if any appeal was preferred, same should have been filed in the Court of District Judge, for Trial Court which passed such order was subordinate to District Judge---Revision against order of Family Court being not competent, same was dismissed in circumstances. Shamim Ahmed v. Riaz Fatima PLD 1975 Kar. 448 and Ehsanul Rehman v. Mst. Najma Perveen PLD 1986 SC 14 rel. Muhammad Sadiq Butt v. Khalida Parveen PLD 1967 Kar. 645; Khushi Muhammad v. Mst. Arshad Bibi 1988 SCMR 1234.; Zaibunnisa v. Muhammad Muzammil PLD 1972 Kar. 410; Syed Shamim Ahmed v. Mst. Riaz Fatima PLD 1975 Kar. 448 and Muhammad Din Malik and another v. IInd Additional Sessions Judge, Karachi another 1982 CLC 441 ref. JUDGMENT This Revision application has been filed against an order under section 12 of Guardians and Wards Act dated 20-7-1994 passed by IV th Senior Civil Judge, Karachi East. 2. Facts leading to this revision are that respondent filed an application under Guardians and Wards Act against applicant for declaring him as guardian of this son Ahsan, and return of the custody of the minor from the applicant. She also moved application under section 12 of Guardians and Wards Act. 3. The trial Court passed orders directing the applicant to bring the minor Ahsan, who is two years old on each and every date of hearing for meeting with respondent for two hours, and also to give custody of the minor to the respondent on last Thursday and take him back on Sunday morning. 4. Applicant being aggrieved by the later part of the order regarding giving the custody of the minor to respondent on Thursday and taking him back on Sunday morning has…
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