Mst. ZAIBUN NISA vs MUHAMMAD MOZAMMIL — 1972 PLD 401

Citation: 1972 PLD 401

Court: Sindh High Court

Year: 1971

Decision Date: 1971-12-31

Parties: Mst. ZAIBUN NISA vs MUHAMMAD MOZAMMIL

Headnotes

Case cited as PLD 1972 Karachi 401

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Haleem, Durab Patel, Ghulam Rasool K. Shaikh Title: Mst. ZAIBUN NISA vs MUHAMMAD MOZAMMIL Case No.:Miscellaneous Appeal No. 28 and Revision Application No. 330 of 1970 JUDGMENT Reported As: PLD 1972 Karachi 401 Result: A. Judgment JUDGMENT DORAB PATEL, J.-Both these references have been put up for hearing together because they involve the construction of the West Pakistan Family Courts Act, 1964 (hereafter called the said Act). In Miscellaneous Appeal No. 28 of 1970, the question referrcd to us by my Lord the Chief Justice is 'In a decision by the Family Court under the Guardians and Wards Act where the presiding Judge is not a Districts Judge or one of equivalent rank does an appeal lie at all and, if so, to which forum 7" In Revision Application No. 330 of 1971 no question has been formulated, but the point for our determination is whether the Family Court under the said Act is a Court under the supervisory jurisdiction of this Court under section 11; 5, C. P. C. 2. 1 shall first consider the case of the appellant In Miscellaneous Appeal No. 28 of 1970 and, for the purpose of this refeieLce, it is sufficient to state that the appellant was married to the respondent and had a child by this marriage. Later, she was divorced and, after prolonged litigation, which is not relevant, the respondent filed an application against her for the custody of their minor child in the District Court, Karachi. This application was opposed by…

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