SAIMA NAZIR vs GUARDIAN JUDGE (IV), LAHORE -Ss — 2023 PLD 433 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLD 433 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLD
Parties: SAIMA NAZIR vs GUARDIAN JUDGE (IV), LAHORE -Ss
Subject matter: Family
Provisions referred to: S. 25---J; S. 1; Wards Act (VIII of 1890); Family Courts Act; Muslim Family Laws Ordinance; Conciliation Courts Ordinance; 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

SAIMA NAZIR VS GUARDIAN JUDGE (IV), LAHORE -Ss. 1, 5, Sched. 25 & Preamble---Guardians and Wards Act (VIII of 1890), S. 25---Jurisdiction of Family Courts---Custody of minor---Scope---As evident from its Preamble, the Family Courts Act, 1964, has been enacted for the establishment of Family Courts for expeditious settlement and disposal of disputes relating to marriage and family affairs and for matters connected therewith---Subject to the Muslim Family Laws Ordinance, 1961 and the Conciliation Courts Ordinance, 1961, exclusive jurisdiction has been conferred upon the Family Courts to entertain, hear and adjudicate upon matters specified in Part I of the Sched. to the Family Courts Act, 1964---Said subject matters include custody of children and the visitation rights of the parents to meet them as specified in Entry No.5 of Part I of the Sched. whereas the matters of Guardianship are also stipulated in Entry No.6 thereof---Section 25 of the Family Courts Act, 1964, deems the Family Court to be a District Court for the purposes of Guardians and Wards Act , 1890---Barring a few exceptions specified in subsections (4) & (5) of S. 1 of the Family Courts Act, 1964, jurisdiction of the Family Court over matters of custody is exclusive and no other Court including the Guardian Judge has any jurisdiction to deal with such matters.

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