1014/2016 Const. P. Faraz Alamgir (Petitioner) V/S ADJ-VIII Karachi South & Ors (Respondent)
Bench: Hon'ble Mr. Justice Arshad Hussain Khan(Author)
1014/2016 Const. P. Faraz Alamgir (Petitioner) V/S ADJ-VIII Karachi South & Ors (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Arshad Hussain Khan(Author) Order Date: 21-DEC-16
The petitioner through the instant constitutional petition has challenged the order passed by the learned Additional District and Session Judge Karachi (South) while dismissing the family Appeal filed by petitioner upheld the order passed by learned Family Judge Karachi (South) in G & W Application; returned the application under Section 25 of the Guardian and Wards Act 1980, under order VII Rule 10, CPC. Order VII Rule 10 CPC & Provisions of the Guardians and Wards Act, 1890, West Pakistan Family Courts Act, 1964 and The West Pakistan Family Court Rules, 1965, in the light of guide lines set by the Honble Supreme Court in the case of Anne Zahra vs. Tahir Ali Khilji and 2 others(2001 SCMR 2000). And Major Muhammad Khalid Karim Vs. Mst. Saadia Yaqub and others (PLD 2012 SC 66) were discussed. This Constitutional Petition was disposed of directing the learned Family Judge Karachi (South) to rehear the case of the petitioner and decide the question of territorial jurisdiction afresh, inter alia, in the light of Rules framed under the Family Courts Act, 1964.