Child Custody and Guardian Certificate in Pakistan:
If you are looking for lawyer for child custody in Pakistan or guardian certificate in Pakistan you may contact Jamila Law Associates. Section 14 of West Pakistan Family Courts Act, 04 refers to two categories or orders, i.e., “decision gave” or “decreed passed.” Using said two terms in Section 14 of West Pakistan Family Courts Act, 1964, stature intended to different meanings for child custody in Pakistan or guardian certificate in Pakistan.
Court Proceeding:
Typically, the decision would mean using Court proceedings, but were two words, i.e., “decision given or decree passed are used in a statute require decree liberal construction, the term decision given” would mean a declaration to be followed in subsequent proceedings of a case. Term decision given” would not qualify with any such word as a finial. Order under S. 12 of Guardians Ana d Wards Act, being of interlocutory nature would fall under category decision given for child custody in Pakistan or guardian certificate in Pakistan.
West Pakistan Family Courts Act:
Even otherwise, while inserting clause (3) in Section 14 of West Pakistan Family Courts Act, 1964, no amendment made in clause (1) of said section and the term “decision given or decree passed” are still wit and Wards Act, 1890. The order passed under S. 12 of the Guardian and Wards Act regarding temporary custody of the minor, “a decision given” and therefore appealable under S. 14 of the Family Courts Act, 1964. Any changing position to an order under Section 12 of Guardians to decide interim custody of the minor, the court has first to determine the point of jurisdiction if the same is challenged and, after that, to decide the question of interim custody for child custody in Pakistan or guardian certificate in Pakistan.
Child Custody in Pakistan:
Regarding the child custody in Pakistan or guardian certificate in Pakistan appeal against judgment and Decree of Family Court requires Court fee as per section 7()I) read with Art. I, Schedule Me, Court Fees Act, 1870. Therefore, appellate Court can call upon the appellant to make up for the Court Fee deficiency in payment. “Right of appeal in guardian cases is regulated by S. 14 of the West Pakistan Family Courts Act, 1964 and not by S. 47 of the Guardians & Wards Act application of which stands excluded by provisions of Ss. 5 and 14 of the Act, 1964.
Appeal Against the Order:
An appeal against the order under the Guardian and Wards Act for the custody of minor was incompetent in case of child custody in Pakistan or guardian certificate in Pakistan. ° Provisions of s. 14(1) Family Courts Act, 1964 for child custody in Pakistan or guardian certificate in Pakistan have overriding effect over provisions of Guardian and Ward Act, 1890f S. 47(1)(c) of Guar provision Indian and Wards Act no doubt provides that appeal against the order passed u/s 25 lies to High Court S. 14(1)(b) Family Courts Act. Which starts with the words “notwithstanding anything provided in any other law for the time being in force,” has provided that judgment and decree passed by Family Court would be appealable to District Court if such review and decree are not given by District Judge or Additional District Judge.
Civil Judge as Family Court:
Therefore, application u/s 25 decided by Civil Judge as Family Court appeal would lie before District Court u/s 14(1) (b). Appeal for child custody in Pakistan or guardian certificate in Pakistan against the Family court judgment lies before District Court except where the Family Court presides over strict Judge or Additional District Judge. The appeal preferred before High Court against the request of Family Judge was Court maintainable.”