1976 SCMR 261

YAR BEG Versus GUL NAZ

Citation1976 SCMR 261

CourtSupreme Court of Pakistan

Judge(s)Salahuddin Ahmed and Muhammad Afzal Cheema

Authored bySalahuddin Ahmed

ResultPetition dismissed

ORDER

1. SALAHUDDIN AHMED, J.‑‑ The petitioner is a paternal uncle of the four minors involved in the case whose ages range from nine years downwards, and he has been aggrieved by an order of a learned Single Judge of the Peshawar High Court refusing to interfere an order of the Family Court dismissing his application for impleadment as a party.

2. It appears that respondent No. 1 Mst. Gul Naz, mother of the minors had applied before the Family Court Abbottbad, for the custody of her children said to be living with their father respondent No. 2 Muhammad Riaz. .

3. Respondent No. 2 had earlier divorced respondent No. 1. The atten dance of respondent No. 2 could not be secured before the Family Court. The petitioner on the 22nd of July 1975, applied to the Family Court for being impleaded as a party. Respondent No. 1 contested this application. Admittedly the minors are not in the custody of the petitioner. The parents of the minors are alive. In these circumstances the petitioner's application was rejected by Family Court. The learned Singles Judge rightly refused to interfere with this order of the family Court.

4. There is no question of law far less of any public importance involved in the case. The petition is, accordingly, dismissed.

5. Petition dismissed.