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Reference No. Q of 1971, decided on 26th March 1971.

Sched. read with West Pakistan Family Courts Rules, 1965, rr. 6 & 7 Suit relating to custody and guardianship of children‑Jurisdic tion‑Trend of laws of Family Courts favours wife and she is entitled to commence proceedings against husband at place where she resides‑Father applying for custody of children at Q whereas wife moving Court at K (where she resided after separation from her husband) for being appointed guardian‑Held, the circum stances and the interest of minors called for proceedings about their custody to be conducted at K.

S. 25 & Sched. and Guardians and Wards Act (VIII of 1890), S. 9 Suit for custody and guardianship of children‑Whether to be instituted at place where minor ordinarily resides [Quaere].

Abdul Rasul for Petitioner.

Habibur Rehman for Respondent.

This is a reference from the Civil Judge, First Class, Quetta, pointing out that two cases relating to the guardianship of minors are pending in two different places; therefore, orders are sought under section 14 of the Guardians and Wards Act.

Counsel for the parties have stated that Dr. Rauf Ahmad and Mst. Raaia Farhat were married in 1960 in the Kohat District and thereafter they last lived in Quetta because Dr. Rauf Ahmad who is a Dental Surgeon and in the Government service was posted at Fortsandeman Hospital, Quetta. The differences between the husband and wife became acute with the result that according to Mr. Habibur Rehman the wife and two minor children of the ages of 7 and 3 were turned out with the result that the wife came to Karachi and took up her residence with her sister who resides at Karachi. After that the husband divorced her and sent information by registered post in January 1970. Since then the mother and the children are living at Karachi.

Mr. Abdul Rasul says that the father applied for the custody of the children at Quetta in February 1970, and that the mother was represented in those proceedings on several hearings. After several months of the commencement of those proceedings she applied for being appointed as guardian of the children in October 1970, at Karachi. Mr. Habibur Rehman says that she had in February 1970, filed suits for the recovery of dower and for the maintenance of children at Karachi.

In the above circumstances it is to be decided as to whether the two cases relating to the custody of the minors should be tried at Quetta or at Karachi. In so far as the trend of the laws of Family Courts is concerned it favours the wife because she is entitled according to rule 6 to commence proceedings against the husband at the place where she resides with respect to the re covery of dower and dissolution of marriage. Mr. Abdul Rasul says that for other purposes according to rule 6 a suit should be filed at the place where the cause of action wholly or partly has arisen or where the parties reside or last resided together. In terms of this rule according to Mr. Abdul Rasul the proceedings for the custody of the children and appoint ment of guardian should be held at Quetta. In reply to this Mr. Habibur Rehman has referred to section 9 of the Guardians and Wards Act and section 25 of the Family Courts Act. According to section 9, an application for the guardianship of the person of a minor is to be made to the District Court having jurisdiction in the place where the minor ordinarily resides and according to section 25 of the Family Courts Act a Family Court is to be deemed a District Court for purposes of Guardians and Wards Act, 1890, and notwithstanding anything contained in the Family Courts Act is empowered to deal with the matters specified In the Guardians and Wards Act. It isl unnecessary to discuss the question of jurisdiction in these proceedings because this is a reference under section 14 of the Guardians and Wards Act. A choice is to lie made to view of the general circumstances between the Courts of Karachi and Quetta for the purpose of transferring the case which k pending in one place to the place where the other case is pending. I feel that in the interest of the minor children it will be better if the proceedings about their custody are conducted at Karachi. Moreover, it appears to be according to the spirit of the Family Laws that consideration should be shown to the wife. Thirdly, there are other cases also which are pending in Karachi. In these circumstances, the father will have to make arrangement for being represented at Karachi. I accordingly order the transfer of Guardianship Application No. 1 of 1970 pending at Quetta to the Court of IV Civil Judge, 1^st Class, Karachi, so that both the cases may be heard by him together.

K. B. A. Order accordingly.

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