Where an application under Section 12 of Guardians and Wards Act, 1890 is allowed resulting in change of custody, such an order is appealable as a decision given in terms of Section 14(1).............

 PLD 2023 Lahore 453

Where an application under Section 12 of Guardians and Wards Act, 1890 is allowed resulting in change of custody, such an order is appealable as a decision given in terms of Section 14(1) of the Family Courts Act, 1964, therefore, in view of proviso of Section 3(2) of Law Reforms Ordinance, 1972 an Intra Court Appeal would not lie in the matter.

PLD 2023 Lahore 453

Intra - Court Appeal --- Maintainability ---Custody of minor --- Remedy of appeal - Appellant aggrieved of order passed by Judge in Chambers of High Court dismissing constitutional petition filed against order passed by Lower Appellate Court - Validity Guardian Court retrieved minor from father and handed over the custody to mother --- To such extent finality was attached to the order that had been passed on an application under S. 12 of Guardians and Wards Act , 1890 and was challengeable before Lower Appellate Court as " a decision given in terms of S. 14 ( 1 ) of Family Courts Act . 1964 --- Such appeal was entertained by Lower Appellate Court and had reversed the order which order was challenged through Constitutional petition --- In view of availability of appeal under S. 14 ( 1 ) Family Courts Act , 1964 , question that appeal was not provided under S. 47 of Guardians and Wards Act . 1890 , against order passed on application under S. 12 of Guardians and Wards Act , 1890 , had lost its efficacy --- Intra Court Appeal was not maintainable against order passed by . Judge in Chambers of High Court in exercise of Constitutional jurisdiction as Lower Appellate Court in appellate jurisdiction has passed order against original order passed by Guardian Court -- Intra Court Appeal was dismissed , in circumstances .