Mst. SHABEENA YOUNAS vs ADDITIONAL DISTRICT JUDGE, LAHORE Ss — 2023 PLD 453 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLD 453 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLD
Parties: Mst. SHABEENA YOUNAS vs ADDITIONAL DISTRICT JUDGE, LAHORE Ss
Subject matter: Family
Provisions referred to: S. 14; S. 3---I; S. 12; S. 47; Family Courts Act (XXXV of 1964); Law Reforms Ordinance (XII of 1972); Wards Act; Family Courts 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

Mst. SHABEENA YOUNAS VS ADDITIONAL DISTRICT JUDGE, LAHORE Ss. 12 & 47---Family Courts Act (XXXV of 1964), S. 14(1)---Constitution of Pakistan, Art. 199---Law Reforms Ordinance (XII of 1972), S.3---Intra-Court Appeal---Maintainability---Custody of minor---Remedy of appeal---Appellant was aggrieved of order passed by Judge in Chambers of High Court dismissing constitutional petition filed against order passed by Lower Appellate Court---Validity---Guardian Court retrieved minor from father and handed over the custody to mother---To such extent finality was attached to the order that had been passed on an application under S. 12 of Guardians and Wards Act, 1890 and was challengeable before Lower Appellate Court as "a decision given" in terms of S. 14(1) of Family Courts Act, 1964---Such appeal was entertained by Lower Appellate Court and had reversed the order which order was challenged through Constitutional petition---In view of availability of appeal under S. 14(1) Family Courts Act, 1964, question that appeal was not provided under S. 47 of Guardians and Wards Act, 1890, against order passed on application under S. 12 of Guardians and Wards Act, 1890, had lost its efficacy---Intra Court Appeal was not maintainable against order passed by Judge in Chambers of High Court in exercise of Constitutional jurisdiction as Lower Appellate Court in appellate jurisdiction has passed order against original order passed by Guardian Court---Intra Court Appeal was dismissed, in circumstances.

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