1987 PLP 2029 (SCMR)
MUHAMMAD ANWAR KHAN‑‑Petitioner Versus Mst. YASMIN ZAFAR‑‑Respondent
| Citation | 1987 PLP 2029 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain, S. A. Nusrat and Saad Saood Jan, JJ |
| Parties | MUHAMMAD ANWAR KHAN‑‑Petitioner Versus Mst. YASMIN ZAFAR‑‑Respondent |
| Primary Law | Guardians and Wards Act (VIII of 1890)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 2029 (SCMR)?
This judgment primarily cites: Guardians and Wards Act (VIII of 1890)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 2029 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain, S. A. Nusrat and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 2029 (SCMR) (MUHAMMAD ANWAR KHAN‑‑Petitioner Versus Mst. YASMIN ZAFAR‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- A.W. Butt, Advocate Supreme Court instructed by Mian Attaur Rahman, Advocate‑on‑Record for Petitioner.
- Iqbal Ahmad Qureshi, Advocate‑on‑Record for Respondent.
- Date of hearing: 24th February, 1987.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court at Lahore, dated 17‑12‑1986 passed in Writ Petition No. 1748 of 1986). ‑‑‑S.12‑‑West Pakistan Family Courts Act (XXXV of 1964), S.14‑ Constitution of Pakistan (1973), Art. 185(3)‑‑Leave to appeal granted to examine whether an order passed by a Family Court/Guardian Judge under S.12 of Guardians and Wards Act, 1890 amounts to a decision within the meaning of S.14 of Family Courts Act, 1964 and an appeal there from would be competent.
Judgment & Decree
S.A. NUSRAT, J.‑‑The dispute in this petition relates to the custody of two minor daughters, namely, Adila and Rubins, then aged about 8 and 7 years respectively, born out of the wedlock o1 the contesting parties. 2. The respondent instituted proceedings under the Guardian and Wards Act for the custody of her said .two daughters and applied for their temporary custody by moving an application under section 12 of the Act. The application was dismissed by the learned Guardian Judge. The respondent preferred an appeal under section 14 of the Family Courts Act challenging the said order. The appeal was dismissed by the learned District Judge on the ground that the appeal from the order of the Guardian Judge, passed under section 12 of the Act, was not competent under section 14 of the Family Courts Act. The respondent thereupon filed a Constitutional Petition in the Lahore High Court challenging the order of the learned District Judge. The Constitutional Petition was allowed as per impugned judgment by the learned High Court and the order of the District Judge was set aside with the direction that respondent's appeal be disposed of on merits. 3. The respondent, to whom notice was issued, is represented by her learned counsel and has produced copy of a judgment, dated 16‑2‑1987 passed by the District Judge showing that in terms of the remand order the respondent's appeal was duly heard and the order of the Guardian Judge, dated 27‑7‑1985 was set aside directing that the custody of the minors shall be handed over to the respondent after they had taken the academic year examination in the Sahiwal school. The learned counsel for the petitioner, however, insisted that the question raised in this petition is one of law and an authoritative pronouncement by this Court was necessary to resolve the controversy. 4. In the circumstances, we would grant leave to appeal to examine the question whether an order passed by a Family Court/Guardian Judge under section 12 of the Guardian and Wards Act amounts to a decision within the meaning of section 14 of the Family Courts Act 1964 and an appeal there from will be competent. Security Rs.2,000. The appeal will be made ready on the present record with liberty to the parties to file any further documents, if so required. S.Q./M‑213/S Leave granted.