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Petitioner: IRFAN AHMED VS Respondent: II-JUDICIAL MAGISTRATE EAST, AT KARACHI and another
Court Name: Sindh High Court Judge(s): Sabihuddin Ahmed Title: IRFAN AHMED vs II-JUDICIAL MAGISTRATE EAST, AT KARACHI and another Case No.: Constitutional Petition No,460 of 2005 Date of Judgment:2005-10-20 Reported As: 2006 MLD 135 Result: Order accordingly
Judgment ORDER ' SABIHUDDIN AHMED, CJ.---To be filed before the next date. As regards the maintainability of this petition, learned counsel has urged that under the newly added section 14(3) of the Family Courts Act, an appeal or a revision does not lie against an interim order of a Family Court and therefore, this petition appears to be the only remedy. I am also conscious that a Full Bench of this Court in Zaibun Nisa v. Muhammad Muzzamil (PLD 1972 Karachi 401) has clearly held that in view of section 17 of the Family Courts Act, section 115, C.P.C. Will not apply and therefore a revision will not be maintainable. Considering the above Full Bench judgment of this Court, it is not possible to rely on the view taken by some Indian Courts and this petition is found to be maintainable. By consent the petition is admitted to regular hearing and fixed on 28-10-2005 and both learned counsel agree that they will make efforts to work out amicable settlement. The petitioner undertakes that he will comply with the impugned order subject to the result of this petition instantly and the respondent agree that visitation rights will be available to the petitioner for four hours every Friday so that he may collect the minors from the house between 4 and 5 p.m. And re-deliver them at the house of the respondent's father before 9- 00 p.m. The petitioner may also visit the respondent or the minors at the residence of her father at any other time by mutual agreement but will not remove the children except as stated above. 3. To come up along with main petition.