Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)-------S. 5---Custody of minors- --Family Courts, jurisdiction of---Provisions of S.5, West Pakistan Family Courts Act, 1964, provide that in all matters mentioned in the Sched., Family Court shall have the exclusive jurisdiction--­Custody of children having been specifically mentioned at Item No.5 of the Schedule, such dispute was to be tried and decided by the Family Court. (b) Guardians and Wards Act (VIII of 1890)--- ---Ss 9, 12 & 25---Constitution of Pakistan (1973), Art.199---Constitutional petition---Custody of minor---Jurisdiction of Court---Parents of the minor after marriage were residing at place "L" in Pakistan---Parents of minor subsequently went to a foreign country---Dispute between spouses arose in foreign- country and the same resulted in dissolution of marriage---Father of minor filed application before Guardian Court at place "L" for custody of minor---Guardian Court without calling for any reply from mother of minor, had returned the application of father, for presentation before the appropriate Court and appeal filed by father was also dismissed by lower Appellate Court---Validity---Where the parties had been living together as husband and wife at place "L" and place of ordinary residence of the minor was at "L" Trial Court was not justified in returning the application of father summarily without obtaining any reply or holding any inquiry---Question of last residence of the parties and ordinary place of residence of the minor, could not have been decided in such a slipshod manner and Court ought to have given opportunity to the parties to establish their respective case---Orders of the Courts below were illegal and without lawful authority and same were set aside. Sh. Muhammad Rashid v. Mst, Zarnigar Qaiser Sheikh PLD 1980 Lah. 61 distinguished. Mst. Sajida Parveen v. The Additional District Judge, Rawalpindi and 2 others 1991 MLD 745; Mst. Hamida Begum and another v. Ubedullah and others 1989 CLC 604 and Khalil-ur-Rehman v. Mst. Tajunnisa and another 1991 CLC Note 62 at p.46 ref. JUDGMENT Respondent, No. l was married to the petitioner on 31-3-1989 in Sargodha. Thereafter, the parties…

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