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Miscellaneous Application of 1968, decided on 6th May 1968.

S. 25‑Expression "a Family Court shall be deemed to be a District Court for the purposes of the Guardians and Wards Act, 1890"‑Does not mean that District Court is Family Court- Provision purposes to mean that Family Courts have to follow procedure laid down in Guardians and Wards Act like a District Court‑Guardians and Wards Act (VIII of 1890), S. 10.

Ss. 3 & S read with West Pakistan Civil Courts Ordinance (II of 1962), S. 24(2‑A) ‑ Jurisdiction ‑ Family Courts not ordinary Courts ‑ Pecuniary jurisdiction of such Courts‑Not limited to Rs. 2.5,000.

M. M. Mahmoodi for Applicants.

Mansoor Ahmad for Mrs. M. Nigar Hussain.

These are office references because two applications have been made in this Court under section 10 of the Guardians and Wards Act, 1890. The application of Mrs. Mehar Nigar Hussain was presented, according to Mr. Mansoor Ahmad, to the District Judge, who had transferred it to the Second Civil Judge, First Class, who returned it on the ground that the value of the property, involved in the guardianship proceedings, was more than the pecuniary jurisdiction of the District Court. Mr. Mahmoodi says that an order was made by the District Judge on some other guardianship application, returning it on the ground that the value of the property that was involved was higher than the pecuniary jurisdiction of that Court.

2. On account of the above view, with which counsel for the applicants agree, these applications have been presented in this Court. The office objected to their maintainability in view of section 5, of the Family Courts Act, 1964. Counsel for the applicants' are not satisfied with the correctness of that objection ; therefore, these references have been made.

3. Counsel contend that the District Court is the Family Court ; therefore, in terms of section 24 (2‑A) of the West Pakistan Civil Courts Ordinance, 1962 its pecuniary jurisdiction is limited to Rs. 25,000. Since the value of the property that is involved in these applications is more than that, these applications should be entertained by this Court. Mr. Mkhmoodi has relied on section 25 of the West Pakistan Family Courts Act,‑ 1964 in support of this contention that the District Court is a Family Court. That section is as follows:

"A Family Court shall be deemed to be a District Court for the purposes uf the Quardians and Wards Act, 1890 and notwithstanding anything contained in this Act, shall, in dealing with matters specified in that Act, follow the procedure prescribed in that Act."

4. The above section does not support the contention of counsel, because Family Courts are not constituted under it. The purport of the provision is that Family Courts have to follow the procedure laid down in the Guardians and Wards Act, 1890, like a District Court. The Family Courts are constituted under section 3 of the Act, which is as follows:

"Government shall establish one or more Family Courts in each District or at such other place as it may deem necessary and appoint a Judge for each of such Courts."

Exclusive jurisdiction is conferred on them by section 5 which runs as under:

"5. Subject to the provisions of the Muslim Family Laws Ordinance, 1961, and the Conciliation Courts Ordinance, 1961, the Family Courts shall have exclusive jurisdiction to entertain, hear and adjudicate upon matters specified in the Schedule,"

In order to give effect to the Act, rules have been framed, and rules 3 and 7 are relevant for the present purpose.

5. Rule 3 of the West Pakistan Family Courts Rules, 1965 is as follows :

"Subject to the provisions of rule 7, the Courts of the District Judge, the Additional District Judge, the Senior Civil Judge, the Civil Judge First Class and the Civil Judge First Class (Additional) shall be the Family Courts established for the purposes of the Act."

6. Rule 7 is as follows :

"7(1) Suits relating to custody of children and guardian ship shall be instituted, heard and tried by the Court of the District Judge, but such Court may transfer any suit to the Court of the Additional District Judge, the Senior Civil Judge, the Civil Judge, First Class or the Civil Judge First Class (Additional), having jurisdiction as provided in rule 6, and thereupon the Court to which such suit is so transferred shall have jurisdiction to hear and try the same.

(2) Suits triable under this Act other than those relating to the custody of children and guardianship shall be instituted, heard and tried in the Court of the Senior Civil Judge, the Civil Judge First Class or the Civil Judge First Class (Additional), having jurisdiction as provided in rule fry , and where in any district there is no such Court, such suits shall be instituted in and heard and tried by the Court of the District Judge.

(3) Notwithstanding anything contained in sub‑rules (1) and (2) the Court of District Judge may‑

(a) recall any suit made over by it for trial under sub rule (1) to an Additional District Judge, Senior Civil Judge, Civil Judge First Class or Civil Judge First Class (Additional) and either try such suit himself or refer it for trial to any other Court within the District:

(b) send for the record and proceedings of any suit pending for trial in the Court of the Additional District Judge, Senior Civil Judge, Civil Judge First Class or the Civil Judge First Class (Additional) and hear and try the suit itself or refer it for trial to any other Court within the District, and thereupon the District Judge or the Court to which such suit is so transferred, as the case may be, shall have jurisdiction to hear and try the suit"

It is obvious that the rules contain necessary provisions but the Family Courts are those which are established under sections 3 and 5 of the Act.

7. Mr. Mahmoodi's contention that the pecuniary juris diction of District Courts is limited to Rs. 25,000 is in disregard of the legal position that the Courts mentioned in rule 3 are Family Courts which have been constituted under section 3 of the Act, and that they are not the ordinary Courts whose jurisdiction is limited by the West Pakistan Civil Courts Ordinance, 1962 to Rs. 25,000.

8. The petitions should be returned to be presented to the District Judge, who may decide them, or transfer them in terms of rule 7 of the West Pakistan Family Courts Rules, 1965.

S.A.H Petitions returned.

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