ORDER SHEET

HIGH COURT OF SINDH AT KARCHI

C.P.No.S-181 of 2009

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Order with signature of Judge

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1. For orders on CMA No.1032/2009.

2. For Katcha Peshi.

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18.05.2009.

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Mr. Muhammad Khalid, Advocate for the petitioner.

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      This petition has been filed against the order dated 20.03.2009 whereby appeal against the order passed by Guardian & Wards Judge dated 19.12.2008 has been dismissed.

      Learned counsel submits that the appeal was maintainable as Family Court has disposed of application under Section 12 of Guardian & Wards Act and since that was interlocutory application, therefore, appeal was maintainable in the light of authority, which he has relied upon i.e. PLD 1989 Lahore 38.

      After hearing the learned counsel, the order dated 19.12.2008 passed by Guardian & Wards Judge has been perused, which shows that earlier an arrangement for meeting of the wards was made and to change that arrangement, an application under Section 12 was moved before the Court. The learned Court after hearing the said application disposed it of with the observation that the earlier made arrangements were sufficient and no modification in the meeting time was felt necessary. Against that order, appeal was filed which has been disposed of. The learned Appellate Court has referred Section 14 of the Family Court Act and observed that no appeal or revision lie against the interim order passed by a Family Court.

      I am myself of the opinion that the meeting arrangement of the children with the spouses is an interim order and application in this respect is normally disposed of and not dismissed or allowed as trial Court takes care of sentiments of both the spouses viz a viz welfare of the children. In the instant case, an interim arrangement was made by interim order during pendency of the Guardian & Wards case, therefore, it cannot be said that through that interim order some right has finally been decided by the Court. Matter is still before the Guardian & Wards Court, which has to decide the issue according to law.

      In such a situation, this petition has no force and is dismissed alongwith the listed application.

                                                JUDGE