S. 7(2), second proviso [as added by Family Courts (Amendment) Ordinance (LV of 2002)]---Guardians and Wards Act (VIII of 1890), S.9(1)---Constitution of Pakistan, Art. 185(3)---Custody of minor---Leave to appeal was granted by Supreme Court to consider whether second proviso to S.7(2) of West Pakistan Family Courts Act, 1964, had overriding effect on S.9(1) of Guardians and Wards Act, 1890; whether in the matters of custody of minors where question of Territorial jurisdiction was involved, which of the said two provisions of law either second proviso to S.7(2) of West Pakistan Family Courts Act, 1964, or S.9(1) of Guardians and Wards Act, 1890, would be applicable; whether in view of second proviso to S.7(2) of West Pakistan Family Courts Act, 1964, filing of suit for dissolution of marriage was sine qua non for including claims relating to dowry, maintenance, dower, personal properties and belongings of a wife, custody of children etc. in one plaint or independent suits to claim that relief could be filed notwithstanding filing of suit for dissolution of marriage.
Ss. 5 & 7(2), second proviso [as added by Family Courts (Amendment) Ordinance (LV of 2002)]---Guardians and Wards Act (VIII of 1890), Ss. 9(1), 12 & 25---Custody of minor---Territorial jurisdiction---Determination---Minors were permanently residing with their father at place "M" and their mother filed application for their custody before Guardian Judge at place "L"---Guardian Judge as well as Lower Appellate Court held that the courts at place "M" had Territorial jurisdiction over the matter but High Court declared that proceedings initiated by mother of minors, at place "L" were maintainable---Validity---Minors were residing with their father at place "M", where they were admitted to school---Mother had failed to prove that she had brought them to place "L" and was deprived of their custody from there, on account of which the cause of action could arise in her favour at place "L"---Was not established, if before parting, the parties hereto were residing at place "L" so as to attract R.6(b) of West Pakistan Family Courts Rules, 1965---High Court had fallen in error while declaring the suit maintainable at place "L"---Supreme Court set aside the judgment passed by High Court and those of Guardian Judge and Lower Appellate Court were restored---Appeal was allowed.
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