West Pakistan Family Courts Act (XXXV of 1964)‑‑‑
‑‑‑‑S. 14(b)‑‑‑Appeal‑‑‑Jurisdiction of High Court‑‑‑Scope‑‑‑Appeal against judgment of Family Court lies before District Court except in case where the Family Court is presided over by a District Judge or Additional District Judge‑‑‑Appeal preferred before High Court against judgment of Family Judge was not maintainable in circumstances.
Muhammad Saleem G.N. Jesser for Appellant.
IMTIAZ ALI VS Mst. NASEEBAN2002 C L C 1378[Karachi]Before Anwar Zaheer Jamali, JIMTIAZ ALI ‑‑‑AppellantVersusMst. NASEEBAN‑‑‑RespondentGuardian Wards Act Appeal No.S‑1, Miscellaneous Application Nos.7, 8 and 9 of 2002, decided on /01/.rd January, 2002.
ORDER
This civil miscellaneous appeal is directed against the judgment, dated 13‑11‑2001 passed by the learned Family Judge, Mehar whereby he has allowed Guardian Application No.11 of 2001 filed by respondent.
A bare reading of section 14(b) of the West Pakistan Family Court Act, 1964 clearly goes to show that an appeal against the judgment of a Family Court, except in the case where it is presided over by a District Judge or an Additional District Judge would lie before the District Court.
In view of this position appeal preferred before this Court is not maintainable and accordingly it is dismissed. It will be open for the appellant to file his appeal in accordance with law before the District Court, Dadu.
Q.M.H./M.A.K./I‑51/K Appeal dismissed.
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West Pakistan Family Courts Act (XXXV of 1964)‑‑‑
‑‑‑‑S. 14(b)‑‑‑Appeal‑‑‑Jurisdiction of High Court‑‑‑Scope‑‑‑Appeal against judgment of Family Court lies before District Court except in case where the Family Court is presided over by a District Judge or Additional District Judge‑‑‑Appeal preferred before High Court against judgment of Family Judge was not maintainable in circumstances.
Muhammad Saleem G.N. Jesser for Appellant.
ORDER
This civil miscellaneous appeal is directed against the judgment, dated 13‑11‑2001 passed by the learned Family Judge, Mehar whereby he has allowed Guardian Application No.11 of 2001 filed by respondent.
A bare reading of section 14(b) of the West Pakistan Family Court Act, 1964 clearly goes to show that an appeal against the judgment of a Family Court, except in the case where it is presided over by a District Judge or an Additional District Judge would lie before the District Court.
In view of this position appeal preferred before this Court is not maintainable and accordingly it is dismissed. It will be open for the appellant to file his appeal in accordance with law before the District Court, Dadu.
Q.M.H./M.A.K./I‑51/K Appeal dismissed.
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