MAZHAR ALI vs ASAD ALI S — 2023 MLD 1321 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 1321 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: MAZHAR ALI vs ASAD ALI S
Subject matter: Family
Provisions referred to: S. 9---F; S. 9; Wards Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MAZHAR ALI VS ASAD ALI S. 9---Family Courts Rules, 1965, R. 6---Court having jurisdiction to entertain application for guardianship---Territorial jurisdiction of the Family Court is governed by R. 6 of the Family Courts Rules, 1965 and not by the provisions of the Guardians and Wards Act, 1890---Unless the minor has been unlawfully removed from custody, the residence of the minor can be taken as the place where the cause of action arises as per R. 6(a) of the Family Courts Rules, 1965, for making a guardianship application---Unlike S. 9 of the Guardians and Wards Act, 1890, R. 6 of the Family Courts Rules, 1965, makes no distinction between an application for guardianship of the person of the minor and the property of the minor.

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