Law:

Section:

(a) Guardians and Wards Act (VIII of 1890)-------Ss. 25 & 47---West Pakistan Family Courts Act (XXXV of 1964), Ss.5, 14(1)(b) & Sched.---Constitution of Pakistan (1973), Art.199--­Constitutional petition---Custody of minor---Order passed by Family Court/Senior Civil Judge---Appeal against such order would lie before District Judge and not before the High Court as provisions of West Pakistan Family Courts Act, 1964 had overriding effect upon provisions of Guardians and Wards Act, 1890---Even under new proviso to S.47 of Guardians and Wards Act, 1890, such appeal would lie before the District Court---Constitutional petition would not lie before High Court in any manner. Mst. Zubeda Naz v. Asif Rashid Minhas and another PLD 1999 Quetta 29 ref. (b) Civil Procedure Code (V of 1908)--- ----S. 9---Specific Relief Act (I of 1877), S.42---Guardians and Wards Act (VIII of 1890), S.25---West Pakistan Family Courts Act (XXXV of 1964), S.5 & Sched.---Custody of minor (girl)---Dispute with regard to parentage of minor---Question whether the matter fell within the jurisdiction of Civil Court or Family Court---Declaration on the correct parentage of minor could be given by civil Court after examining evidence of both the parties---Custody of minor would be decided on the basis of ha age by proper forum-If minor had become major or was sufficiently grown up, then in such event, question of custody would be resolved upon her statement. Ashraf Ali Butt for Petitioner. Dilawar Hussain for Respondents. Date of hearing: 5th March, 2003. ORDER The petitioner through this petition has sought the following relief:-- "The petitioners therefore, pray that this Honourable Court may please to issue writ/direction as under:-- (a) To set aside the order dated 20th May, 2000, annexed with the void having no legal effect and direct the respondent No.3 to proceed/try Guardian Wards Application No.616 of 1998 and decide the same on merits after recording evidence. (b) Any other equitable relief(s) as this Honourable Court may deem fit and proper under circumstances of this Constitution petition. " The brief story of this case is that petitioner No.2 is wife of Petitioner No.1 whereas…

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