Jurisdiction of Family Courts --- Custody of minor --- Scope --- As evident from its Preamble , the Family Courts Act , 1964 , has been enacted for the establishment of Family Courts for expeditious settlement and disposal of disputes relating to marriage and family affairs and for matters connected therewith --

PLD 2023 Lahore 433

Jurisdiction of Family Courts --- Custody of minor --- Scope --- As evident from its Preamble , the Family Courts Act , 1964 , has been enacted for the establishment of Family Courts for expeditious settlement and disposal of disputes relating to marriage and family affairs and for matters connected therewith --- Subject to the Muslim Family Laws Ordinance . 1961 and the Conciliation Courts Ordinance , 1961 . exclusive jurisdiction has been conferred upon the Family Courts to entertain , hear and adjudicate upon matters specified in Part I of the Sched , to the Family Courts Act , 1964 --- Said subject matters include custody of children and the visitation rights of the parents to meet them as specified in Entry No.5 of Part 1 of the Sched , whereas the matters of Guardianship are also stipulated in Entry No.6 thereof --- Section 25 of the Family Courts Act , 1964 , deems the Family Court to be a District Court for the purposes of Guardians and Wards Act , 1890 Barring a few exceptions specified in subsections ( 4 ) & ( 5 ) of S. 1 of the Family Courts Act , 1964 , jurisdiction of the Family Court over matters of custody is exclusive and no otherCourt including the Guardian Judge has any jurisdiction to deal with such matters . 

Jurisdiction of Family Court Judicial proceedings for appointment of guardian of mentally disordered person --- Custody of minors --- Scope --- No doubt Ss . 32 & 33 of the Mental Health Ordinance , 2001 , vest authority in the Court of Protection for the appointment of guardian of a mentally disordered person who is incapable of taking care of himself or the manager of his property when he is incapable of managing his property , however , judicial proceedings in that regard are governed by the provisions of Ss . 29 to 31 --- Requirements of possession of property by the person alleged to be mentally disordered and consent in writing of the Advocate General Punjab prescribed in S. 29 are for proceedings qua mandatory prerequisites appointment of guardian and / or manager under the Mental Health Ordinance , 2001 , whereas none of that is required for the assumption and exercise of jurisdiction by the Family Court under the Family Courts Act , 1964 , since no minor can be left without a guardian and custodian