4. On the other hand, learned counsel for
respondent No.2 has vehemently opposed the contentions
advanced by the learned counsel for the petitioner mainly
on the ground that Provisions of Guardian and Wards Act
cannot be read in isolation and combined reading of Family
Court Act will lead to a conclusion that in fact Section 14 of
the Family Court Act provides that decision given under
Family Court Act is appealable. Contends that impugned
order under Section 12 passed by Judge Family Court was
not interim in nature. Further contends that appeal filed by
respondent No.2 before the Additional District Judge was
fully competent. Submits that Guardian Judge under the
Family Court Act is exclusively governed by said Act and
can exercise powers to modify or review the order which was earlier passed. In this regard learned counsel for
respondent No.2 has placed reliance on “Dr. Kiran Qadir v.
Maj. Dr. Muhammad Ali Yousaf Khan” (PLD 2014 Lahore
17), “Abdul Hameed v. Mst. Shabnam alias Shabana and 2
others” (PLD 2014 Baluchistan 39) and “Muhammad
Anwar Khan v. Mst. Yasmin Zafar” (1987 SCMR 2029)
Lahore High Court
Writ Petition-Family-Guardianship
8132-17
2017 LHC 2257 |
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