FAZAL MUHAMMAD vs ALI AHMAD AWAN — 1982 CLC 2354

Citation: 1982 CLC 2354

Court: Lahore High Court

Year: 1968

Decision Date: 1968-02-05

Parties: FAZAL MUHAMMAD vs ALI AHMAD AWAN, CIVIL JUDGE WITH (POWERS OF JUDGE, FAMILY COURT, RAHIM YAR KHAN AND ANOTHER

Headnotes

Judgment ORDER Learned counsel for the petitioner contends that an appeal is competent before the High Court against certain specified orders of the Family Court and since the impugned order is not one of those which fall under the category of appeal able orders the High Court should exercise its revisional jurisdiction under section 115, C.P.C. The question which falls for determination is whether Family Court, created under the Family Courts Ordinance of 1964 can be considered to be a Court subordinate to the High Court under section 115, C.P.C.

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Fazle Ghani Khan Title:FAZAL MUHAMMAD vs ALI AHMAD AWAN, CIVIL JUDGE WITH (POWERS OF JUDGE, FAMILY COURT, RAHIM YAR KHAN AND ANOTHER Case No.: Civil Revision No, 70 of 1968 Date of Judgment:1968-02-05 Reported As: 1982 CLC 2354 Result: Petition dismissed Judgment ORDER ' Learned counsel for the petitioner contends that an appeal is competent before the High Court against certain specified orders of the Family Court and since the impugned order is not one of those which fall under the category of appealable orders the High Court should exercise its revisional jurisdiction under section 115, C.P.C. The question which falls for determination is whether Family Court, created under the Family Courts Ordinance of 1964 can be considered to be a Court subordinate to the High Court under section 115, C.P.C. In this connection learned counsel has drawn my attention to Anil Das. v. Mustaque Ahmad (1) in which the provisions of East Pakistan Disturbed Persons (Rehabilitation) Ordinance (1 of 1964) were taken into consideration and it was held that the High Court has jurisdiction to examine the orders of District Judge in exercise of its powers under section 115, C.P.C. The provisions of law in East Pakistan Disturbed Persons (Rehabilitation) Ordinance (1 of 1964) cannot be said to be analogous to the provisions of Family Courts Act of 1964. Under section 17 of this Act the Legislature has specifically excluded the application of Evidence…

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