2015 PLP 706 (CLC)

ABDUS SATTAR ASGHAR, J.

Petitioner has invoked the constitutional jurisdiction of this Court to impugn the order dated 31-10-2014 passed by the learned District Judge Lahore.

2. Succinctly facts leading to this petition are that the petitioner filed a suit for recovery of maintenance allowance etc against her husband/respondent No.5 which was pending in the court of learned Judge, Family Court Lahore. Respondent also filed an application under section 25 of the Guardians and Wards Act, 1890 seeking custody of the minor children against the petitioner which is pending in the Court of learned Guardian Judge Lahore. Respondent an employee of Pakistan Armed Forces posted at Islamabad lodged a transfer application under section 25-A of the West Pakistan Family Courts Act, 1964 to the learned District Judge Lahore for transfer of the suit for recovery of maintenance allowance/dower amount etc from the court of Mr. Abdul Sattar Malik, Judge Family Court Lahore for its consolidated hearing and decision with his application under section 25 of the Guardians and Wards Act, 1890 pending in the court of Mr. Ameen Shahzad, Guardian Judge Lahore. The application was resisted by the petitioner. After hearing the counsel for the parties learned District Judge granted the respondent's transfer application vide impugned order dated 31-10-2014, hence this constitutional petition.

3. It is argued by the learned counsel for the petitioner that the learned District Judge erred in law while transferring the family suit to the court of learned Guardian Judge who lacks jurisdiction to hear and try the family cases. Places reliance on the case of Major Muhammad Khalid Karim v. Mst. Saadia Yaqub and others (PLD 2012 Supreme Court 66).

4. Arguments heard. Record perused.

5. There is no cavil to the proposition that section 5(1) of the Family Court Act, 1964 confers exclusive jurisdiction upon the Family Court pertaining to the matters which fall within the ambit of the Schedule attached thereto. Needless to say that the matters regarding maintenance and guardianship fall within the purview of the Schedule. Under section 4 of the Family Courts Act, 1964 a Civil Judge can be appointed as a Judge of Family Court. This Court vide letter No.1933/MIT/HC/REF.2/87 dated 28-1-1987 directed all the District and Sessions Judges in the Punjab to entrust family cases to the First Class Civil Judges. Through another letter No.1907/RHC/JOB-II(I)XV-B.9 dated 9-2-1999 this Court also notified the Civil Judges Second Class to hear the family cases. Vide latest letter No.1992/JOB-II(1)/XV.B.9 dated 6-2-2001 this Court further directed that family cases be also tried by the Civil Judges IIIrd Class. This Court vide Notification No.167/JOB(1)XV.B.9 dated 15-6-1991 under subsection (1) of section 4-A of the Guardians and Wards Act, 1890 has also authorized the District and Sessions Judges to empower any Civil Judge of the First Class in the District to dispose of any proceedings transferred to him under the said Act. In view of the above, there is no ambiguity in the rule that a Civil Judge while exercising the powers as a Guardian Judge can also hear the family cases. Perhaps the learned counsel for the petitioner is misconceived while arguing that a Civil Judge exercising powers as Guardian Judge cannot hear the family cases. This argument of the learned counsel for the petitioner is devoid of any reason and thus repelled.

6. I have gone through the facts of the case of Major Muhammad Khalid Karim (supra) cited by the learned counsel for the petitioner which are altogether distinct and distinguishable from the facts of this case, therefore the same is of no help to the petitioner.

7. For what has been stated above, I do not find any jurisdictional error, factual or legal infirmity in the impugned order dated 31-10-2014 passed by learned District Judge Lahore. Petitioner has no case to invoke the constitutional jurisdiction of this Court. This petition having no merit is dismissed in limine. AG/Z-43/L Petition dismissed.