Learned Guardian Judge/Judge Family Court under Section 12 of the Guardian

 learned Guardian Judge/Judge Family Court under Section 12 of the Guardian and Wards Act was a decision or an interim order. This Court while confronted with the similar situation had already pronounced that such order falls within the purview of “decision given” and is appealable under Section 14 of Family Court Act. 1964. Reliance is placed on “Mst. Zaibun Nisa v. Muhammad Mozammil” (PLD 1972 Karachi 410). In another pronouncement “Syed Shamim Ahmad v. Mst. Riaz Fatima” (PLD 1975 Karachi 448), it was observed that expressions or decisions given in Section 14 are not in any manner qualified by any such word as final, and therefore, an order under Section 12 is a decision given and is appealable. Further reliance has been placed on “Muhammad Deen Malik and another v. IInd Additional District Judge, Karachi and 2 others” (1982 SCMR 1223) and “Sakhawat Ali and another v. Mst. Shui Khelay” (PLD 1981 Supreme Court 454)

Used in Judgment of
Lahore High Court
Writ Petition-Family-Guardianship
8132-17

2017 LHC 2257