1987 PLP 2356 (CLC)

Muhammad Nazir Janjua for Petitioner. Talib H. Rizvi for Respondents. The facts giving rise to this Constitutional petition are that on 2‑1‑1978 Mohammad Bakhsh respondent No.1 filed a petition before the learned Guardian Judge, Jhang for the custody of his two minor daughters namely Mst. Kausar Parveen (7) and Mst. Nasim Bibi (5) and his son aged one year. It was resisted by Mst. Sakina Bibi, petitioner. The learned Judge seized of the matter, framed five issues and after receiving evidence and hearing arguments directed the delivery of the minor children to Mohammad Bakhsh, respondent vide his order dated 8‑6‑1983. The petitioner impugned the order before the learned Addl. District Judge, Jhang who dismissed the same vide his order dated 6‑3‑1985. Both these orders are the subject‑matter of the present petition filed by Mst. Sakina Bibi.

2. It is contended that the Courts below have acted illegally in directing the delivery of the custody of the minors to respondent No.1 without appreciating that the question of paternity of the minors was pivotal question between the parties which was beyond the powers of the Judge Family Court and could only be heard and decided by the Civil Court. It is further contended that both the Courts below have failed to take into consideration the evidence adduced by the petitioner resulting in the production of error in the decision of the case upon merits. Welfare of the minor girls has not been considered by the Courts below in a judicial manner, it is added. 3. 1 have gone through the material on record and have given my anxious consideration to the facts and points raised by the learned counsel for the parties but I am not persuaded to hold that the orders passed by both the Courts below were‑ act without lawful authority. None of them has either misread or ignored on any material evidence pertaining to the custody of the minor children. The Courts below have duly considered the welfare of the minors and a definite finding has been recorded on the point. After coming into force of the West Pakistan Family Courts Act, 1965 the matters pertaining to the custody of children, guardianship and jactitation fall exclusively within the domain of the Family Courts. It was rightly held by the Guardian Judge that the learned District Judge in his judgment dated 12‑4‑1971 had clearly held that Mst. Sakina Bibi is the legally‑wedded wife of Mohammad Bakhsh, respondent.

4. Admittedly the present is not a regular appeal necessitating review of the order passed by the Courts below. It is well‑settled that in the exercise of its constitutional jurisdiction this Court is only required to see if any Court or Tribunal has acted in some breach of law or pronouncement of the superior Courts of the country but I have not noticed any such illegality or breach of law committed by any of the Courts below. Conversely their decisions are based on evidence and are concurrent in nature. There is thus, no force in the petition which is dismissed accordingly. The parties are left to bear their own costs. A.A/S‑66/L Petition dismissed.