Case Details

Citation(s)
2007 SLG 2694 2007 SLD 2694 2007 CLC 1831
Quetta High Court
Constitutional Petition No.752 of 2001, decision dated: 28-07-2003.
AMANULLAH KHAN YASINZAI, C.J. AND AHMED KHAN LASHARI, J

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PERVAIZ AKHTAR MALIK

VS

Mst. QAISER NARGIS and another

Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------Ss. 5, Sched. & 14---West Pakistan Family Courts Rules, 1965, R.6---Guardians and Wards Act (VIII of 1890), S.9---Constitution of Pakistan (1973), Art.199---Suit for dissolution of marriage, maintenance, dower and application for appointment of guardian of minor---Territorial jurisdiction---Determination of---Territorial jurisdiction of the Court in suits for dissolution of marriage, maintenance, or dower, was to be determined by the cause of action where wholly or in part it arose or where the parties ordinarily resided or the court within. the local limits of which the wife ordinarily resided as provided by R.6 of West Pakistan Family Courts Rules, 1965---Jurisdiction- of the court for appointment of guardian of minor was to be assessed by S.9 of the Guardians and Wards Act, 1890, which had provided that: the court within the jurisdiction of which minor ordinarily resided, would have jurisdiction to proceed with the matter---In resolving the question as to which court had jurisdiction to entertain the application afresh for determining the,: residence of minor, the balance of convenience and interest of the minor, would also be kept in view---Children in the present case were residing and being educated at Karachi with the petitioner for more than 3 years---District Judge in Karachi, in circumstances had jurisdiction to entertain the application and the suit. Muhammad Ashfaq Butt for Appellant. Raja Rab Nawaz for Respondents. Date of hearing: 22nd July, 2003. JUDGMENT AHMED KHAN LASHARI, J.--- By this constitutional petition order, dated 11-12-2001 passed by learned Additional District Judge-V, Quetta has been challenged whereby order, dated 22-8-2001 passed by Civil Judge-IV/Family Court, Quetta, was set aside and direction was given for proceedings with .the application filed for appointment of Guardian of-the minors on merits. 2. Concise and relevant facts arising out of this petition are that the- respondent No.1 filed an application under section 25 of the Guardians and Wards Act, 1890 (hereinafter referred to as the Act, 1890) for her appointment as guardian of he minors in the Court of Civil…
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