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📚 GUARDIANS AND WARDS ACT, 1890 – DETAILED NOTES

🏛️ Introduction

The Guardians and Wards Act, 1890 is a colonial-era legislation that provides a legal framework for the appointment and regulation of guardians for minors. It is the principal law that governs custody and guardianship of children where personal laws are silent or insufficient.

⚖️ Objective of the Act

To protect the welfare of minors (children under 18 years).

To appoint guardians for minors when needed.

To regulate the powers and responsibilities of appointed guardians.

To act in the best interest of the child in terms of health, education, and well-being.

📌 Key Definitions (Section 4)

Minor: A person who has not completed 18 years of age.

Guardian: A person having the care of the person of a minor or of his property, or both.

Ward: A minor for whose person or property, or both, there is a guardian.

🧑‍⚖️ Types of Guardians

✍️1. Natural Guardian: Usually the father; after his death, the mother.

✍️2. Testamentary Guardian: Appointed by a will.

✍️3. Guardian Appointed by Court: Under this Act.

✍️4. De facto Guardian: A person who acts as a guardian without legal authority (not recognized under the law).

✍️5. Guardian of Property / Person: Can be appointed for either or both.

🏛️ Important Provisions

🔹 Section 6 – Persons Entitled to Guardianship

The father is ordinarily the natural guardian.

After the father, the mother, unless the welfare of the child requires otherwise.

🔹 Section 7 – Power of the Court to Appoint Guardian

The court may appoint a guardian if it is necessary for the welfare of the minor.

🔹 Section 9 – Jurisdiction

The guardian petition shall be filed in the district where the minor ordinarily resides.

🔹 Section 10 – Form of Application

The application must include:

Name, s*x, religion, and date of birth of the minor,

Relationship of the applicant,

Description of minor's property,

Cause for application,

Existing guardians (if any),

Any previous proceedings.

🔹 Section 11 – Notice to Parents and Relatives

Court must serve notice to natural guardians and near relatives before appointing someone else.

🔹 Section 12 – Interim Protection

The court may make temporary arrangements for custody or protection of the minor or property pending final orders.

🔹 Section 17 – Matters to Consider Before Appointing a Guardian

The welfare of the minor is the paramount consideration.

Age, s*x, religion, character of proposed guardian.

Wishes of a deceased parent (if any).

Preference of minor (if old enough to express a preference).

⚠️ “Welfare of the child” is the overriding consideration in all guardian matters.

🔹 Section 19 – No Guardian Appointment When Natural Guardian is Alive

Court shall not appoint a guardian if the father is alive and not unfit, unless:

The father is unfit.

The father renounces his rights.

It's otherwise necessary in minor’s interest.

🔹 Section 25 – Return of Custody of Ward

If a minor is under illegal custody, the guardian may apply to the court for recovery.

The court can order return of the minor to the lawful guardian.

🔹 Section 26 – Removal of Ward from Jurisdiction

A guardian must seek court's permission before taking the minor out of jurisdiction (especially abroad or to another province).

🔹 Section 39 – Removal of Guardian

Guardian may be removed for:

Abuse of trust,

Failure in duty,

Conviction of certain crimes,

Mental or physical incapacity.

🔹 Section 41 – Cessation of Guardianship

A guardian ceases to be guardian if:

Minor reaches majority (18 years),

Guardian dies,

Court discharges the guardian,

Guardian removed.

👨‍👩‍👧 Jurisdiction in Pakistan

Guardian matters are heard in Family Courts in Pakistan under the West Pakistan Family Courts Act, 1964, in addition to this Act.

Guardian Judges are usually Civil Judges with special jurisdiction.

Family Court Rules may vary province to province.

👶 Custody vs Guardianship

Custody Guardianship

Physical possession of child Legal authority and decision-making
Often granted to mother initially Usually with father (unless unfit)
Can be temporary/interim Is usually long-term or permanent

🔴 Filing a Guardian Petition – Step-by-Step

✍️1. Prepare a petition under Section 7 of the Act.

✍️2. File in Family Court/Guardian Court where minor resides.

✍️3. Attach documents: birth certificate, marriage certificate, witness affidavits, etc.

✍️4. Issue notice to opposite party (e.g., father/mother).

✍️5. Court may call evidence and may appoint guardian ad litem.

✍️6. Decision is based on best interest of the child.

🔴 Important Points to Remember

The Guardian and Wards Act is a welfare-centric law, not just rights-based.

Mother's right of custody is upheld unless proven unfit.

Fathers retain legal guardianship of property, unless removed.

Any arrangement or agreement that harms the child can be invalidated.

📍Conclusion

The Guardians and Wards Act, 1890 is a vital legal tool in ensuring the protection, welfare, and proper upbringing of minors in Pakistan. Its provisions reflect that the interest of the minor is supreme — beyond all legal rights and relations.

📚 Muslim Family Laws Ordinance, 1961 – Detailed Notes

🏛️ Introduction

The Muslim Family Laws Ordinance, 1961 (MFLO) was enacted to reform and codify personal status laws for Muslims in Pakistan. It brought significant changes in areas like marriage, divorce, inheritance, and maintenance, particularly aimed at protecting women’s rights within Islamic principles.

📜 Objective

To modernize and reform traditional Muslim family law.

To ensure justice, fairness, and gender protection.

To regulate marriage, divorce, polygamy, maintenance, and inheritance.

🔴 Key Provisions of the MFLO, 1961

🔹 Section 4 – Rights of Orphans (Inheritance of Grandchildren)

📌 One of the most progressive clauses.

If a son or daughter of a deceased person has died before the opening of succession, their children (grandchildren) shall receive the share their parent would have inherited.

This ensures orphans are not deprived of inheritance.

📝 This is an exception to classical Hanafi law and aligns more with modern equity.

🔹 Section 5 – Registration of Marriages

All Muslim marriages must be registered under this ordinance.

A Nikah Registrar is to be appointed.

Nikah Nama (marriage certificate) must be properly filled and signed.

📌 Failure to register does not invalidate marriage, but it is a legal offense.

🔹 Section 6 – Polygamy (Second Marriage)

A Muslim man must get written permission from the Arbitration Council (headed by Chairman Union Council) before contracting another marriage.

He must provide:

Reasons for second marriage.

Consent of first wife/wives.

⚠️ Marrying without permission is punishable with:

Imprisonment up to 1 year

Fine up to Rs. 5,000

Liable to pay entire dower to first wife

📝 This provision is meant to regulate polygamy, not abolish it.

🔹 Section 7 – Divorce (Talaq Procedure)

If a husband wishes to divorce his wife:

1. He must give written notice to the Chairman Union Council.

2. A copy must be sent to the wife.

3. Chairman must constitute an Arbitration Council within 30 days.

4. Divorce becomes effective after 90 days from notice if reconciliation fails.

📝 If no notice is given, divorce is not valid in the eyes of law (important in court practice).

🔹 Section 8 – Delegation of Power to Divorce

A wife may be delegated the right to pronounce talaq in the Nikah Nama (known as Talaq-e-Tafweez).

This right, once given, is binding and enforceable.

🔹 Section 9 – Maintenance of Wife and Children

Upon complaint, the Chairman Union Council may order maintenance to be paid by the husband to wife or children.

Amount and duration depend on the situation and status of parties.

📝 Can be combined with court suits under Family Court Act.

🔹 Section 10 – Failure to Pay Maintenance

Failure to comply with maintenance orders can result in:

Recovery through court as arrears.

Possible imprisonment or attachment of property.

📍🧑‍⚖️ Other Key Features

Nikah Nama must include details like:

Dower (prompt & deferred)

Delegation of divorce right

Conditions of marriage

Consent of bride and groom

Arbitration Councils are central to resolving marital disputes without court.

📍 Legal Significance

Promotes codification of Muslim family laws.

Offers legal protection to women in marriage and divorce.

Brings accountability and procedural safeguards in personal matters.

Provides a structured alternative to unilateral or arbitrary divorce practices.

📍Penalties under MFLO

Offense Punishment

Second marriage without permission Up to 1 year imprisonment or Rs. 5,000 fine
Failure to register marriage Fine up to Rs. 1,000
Violation of talaq procedure Talaq may be held invalid

Conclusion

The Muslim Family Laws Ordinance, 1961 is a milestone in the Islamic legal framework of Pakistan. It strengthens women's rights, regularizes marriage and divorce, and introduces procedural safeguards to ensure justice in personal matters. It remains a foundational law in family courts, especially for lawyers, judges, and individuals seeking relief in matrimonial disputes.

📘 Detailed Notes on Superdari under CrPC

🔹 Definition of Superdari

Superdari is a judicial arrangement where a court temporarily entrusts a seized property (such as a vehicle, mobile phone, weapon, livestock, etc.) to its rightful owner or lawful claimant until the conclusion of the investigation or trial.

🟢 It is not a declaration of ownership, but merely a temporary custody of property on surety.

🔹 Legal Basis of Superdari in CrPC

Superdari is governed by the following sections of the Code of Criminal Procedure, 1898:

✅ Section 516-A CrPC: Order for custody and disposal of property pending trial

When any property regarding which any offence appears to have been committed is produced before a criminal court during inquiry or trial, the court may pass an order to deliver it on Superdari to the person it deems entitled, subject to surety and conditions.

Applicable during pendency of trial.

Court may impose conditions to ensure production of property when required.

Police report or investigation may assist in determining rightful custodian.

✅ Section 517 CrPC: Disposal of property at the conclusion of trial

Upon conclusion of inquiry or trial, the court may order the confiscation, destruction, or return of property to the rightful person.

Permanent disposal

Follows conviction or acquittal

✅ Section 518 CrPC: Procedure where the person entitled is unknown or absent

If the rightful owner is unknown or absent, the court may direct the interim custody or disposal of property until rightful ownership is determined.

✅ Section 519–522 CrPC: Ex*****on and Appeals of Property Orders

519: Appeals may lie against decisions regarding property disposal.

520: Right to appeal to Sessions Judge or High Court.

521: Destruction of forged or counterfeit items.

522: Magistrate’s powers to deliver possession.

✅ Section 523 CrPC: Police to report seizure to Magistrate

Police must produce seized property before a Magistrate if they suspect the property to be stolen or connected with a crime.

🔹 Key Features of Superdari

Feature Explanation

Temporary Custody Not a final decision of ownership.
Surety/Bond Usually required to ensure appearance of the article/property during proceedings.
Return Condition The person receiving Superdari must return the property if court requires.
No Sale or Disposal Property must not be sold, transferred, or misused.

🔹 Procedure for Superdari

📍1. Seizure of Property

Police recover the property in investigation.

📍2. Submission Before Magistrate

Police submit report under Section 523 CrPC.

📍3. Application by Claimant

The alleged owner files an application for Superdari.

Must include:

Ownership documents

CNIC copy

Affidavit of no sale/misuse

Description of the property

📍4. Police Verification

Court may seek a verification report from the Investigation Officer (I.O).

📍5. Court’s Order

If satisfied, the Magistrate grants Superdari upon submission of surety/bond.

🔹 Types of Property Commonly Given on Superdari

Vehicles (cars, bikes, trucks)

Electronic devices (mobiles, laptops)

Fi****ms (licensed)

Livestock

Household items

Documents or certificates

🔹 Responsibilities of the Person Granted Superdari

Must preserve the property in the same condition.

Produce it before court when required.

Not sell or damage the property.

Abide by all conditions of the Superdari bond.

🔹 Legal Consequences of Violation

If a person fails to produce property or misuses it, they may be:

Prosecuted under Section 406 PPC (criminal breach of trust).

Surety/bond may be forfeited.

Court may pass adverse orders including confiscation.

🔹 Sample Bond Conditions

1. The applicant shall not sell or misuse the property.

2. The applicant shall produce the property on each date of hearing.

3. In case of violation, the surety shall be liable to pay a specified amount.

🔹 Superdari vs Final Disposal

Superdari Final Disposal

Temporary custody Permanent return/confiscation
During trial After conclusion of case
Surety required No further bond
Subject to return Ownership often determined

🔹 Conclusion

Superdari under the CrPC is an important legal safeguard that ensures:

Protection of property during trial

Relief to rightful owners

Preservation of evidence

While it does not amount to ownership transfer, it protects both the legal interests of the state and the citizens. Magistrates must apply their judicial mind and ensure balance between investigation and individual rights when granting Superdari.

📚 The Limitation Act, 1908 – Detailed Notes

🔹 1. Introduction

Enactment Date: Enforced on 1st January 1909.

Objective: To provide a specific time frame within which legal actions (civil suits, appeals, or applications) must be initiated.

Applicability: The Act applies to the whole of Pakistan, unless otherwise modified or repealed by local laws.

🔹 2. Purpose of the Act

To prevent prolonged litigation and promote diligence.

To protect defendants from stale claims.

To ensure that evidence remains fresh and justice is not delayed.

🔹 3. Key Terminologies

Term Explanation

Limitation Period The prescribed time frame to bring a suit, appeal, or application.

Prescribed Period The period of limitation as mentioned in the Schedule to the Act.

Suit A civil proceeding initiated by filing a plaint.

Plaintiff / Applicant The person initiating the suit or application.
Defendant The person against whom the suit is brought.

🔹 4. Structure of the Act

The Limitation Act, 1908 consists of 2 parts:

1. Sections 1–31: Define the general provisions and rules.

2. Schedule: Contains First Division with 3 parts specifying time limits:

Part I: Suits

Part II: Appeals

Part III: Applications

🔹 5. Important Sections (Overview)

✅ Section 3 – Bar of Limitation

If a suit, appeal, or application is filed after the prescribed period, it must be dismissed, even if limitation is not pleaded by the defendant.

✅ Section 4 – Expiry on Court Holiday

If the limitation period expires on a day when the court is closed, the case may be filed on the next working day.

✅ Section 5 – Extension of Time (Condonation of Delay)

Applies to appeals and applications (not suits).

Delay may be excused if the applicant shows sufficient cause for not filing in time.

✅ Section 6 – Legal Disability

If the person is a minor, insane, or idiot when the right to sue accrues, limitation starts after the disability ceases.

✅ Section 9 – Continuous Running of Time

Once the limitation period starts, it continues uninterrupted, even if the person becomes disabled later.

✅ Section 12 – Exclusion of Time

Time taken to obtain a certified copy of judgment or decree is excluded in computing limitation for appeal/revision.

✅ Section 14 – Exclusion for Wrong Forum

Time spent pursuing the case in a wrong court (without negligence) may be excluded.

✅ Section 18 – Acknowledgment in Writing

If a debtor acknowledges debt in writing before the limitation expires, a fresh period starts from that acknowledgment date.

✅ Section 19 – Part Payment

If part of a debt is paid before expiry, a new period starts from the date of payment.

🔹 6. The Schedule

The Schedule to the Act contains specific periods of limitation for different types of suits, appeals, and applications. Some examples:

⚖️ Examples of Limitation Periods

Type of Suit Limitation Starting Point

Recovery of debt (with written agreement) 3 years From date of default

Possession of immovable property 12 years When possession becomes adverse

Appeal to High Court 30 days From the date of decree

Appeal to lower court 90 days From the date of decree

Ex*****on of decree 3 years From date of decree

🔹 7. Key Legal Principles

Limitation bars remedy, not the right: After expiration, you can’t sue, but the right still exists morally or naturally.

Ignorance of law is not a valid excuse.

Strict interpretation: Limitation law is interpreted strictly; courts cannot extend limitation unless clearly allowed by the statute.

🔹 8. Exceptions and Relief

Under Section 5, courts may condone delay in appeals/applications on showing sufficient cause.

Time excluded if:

The plaintiff was legally disabled (Sec. 6)

Filed in wrong court (Sec. 14)

Acknowledgment or part payment exists (Sec. 18–19)

🔹 10. Conclusion

The Limitation Act, 1908 plays a crucial role in regulating civil proceedings. It ensures legal certainty, prevents abuse of the judicial process, and protects parties from stale claims. Lawyers must be vigilant about time frames to avoid losing the right to relief due to mere delay.

📚 Defamation – Detailed Notes

🔴 Definition

Defamation is the act of making a false statement about another person or entity that injures their reputation. The intent behind such statements may be to ridicule, harm, or degrade the person in the eyes of others.

🔴 Types of Defamation

📍1. Libel:

Written, printed, or published defamatory statement.

Examples: Newspaper articles, books, online posts, letters.

📍2. Slander:

Spoken or oral defamatory statement.

Examples: Statements made in speeches, over phone calls, or in public conversations.

🔴 Essential Elements of Defamation

To constitute defamation, the following must be established:

1. False Statement:

The statement must be false; truth is a valid defense.

2. Defamatory Nature:

The statement must lower the reputation of the person in the eyes of the society.

3. Publication:

The statement must be communicated to a third party other than the person defamed.

4. Identification:

The person defamed must be identifiable from the statement.

5. Intention or Negligence:

Either malicious intent or negligence in verifying the truth must be present.

🔴 Legal Framework in Pakistan

1. Civil Defamation – Defamation Ordinance, 2002

Provides for compensation and damages to the victim.

Plaintiff must prove that:

A false and defamatory statement was made.

It was communicated to others.

It damaged the plaintiff’s reputation.

🔹 Section 3: Right to sue for defamation

🔹 Section 4: Defenses against defamation

🔹 Section 9: Remedy includes an apology and damages up to Rs. 300,000 or more.

2. Criminal Defamation – Pakistan Penal Code (PPC)

Section 499 PPC: Definition of defamation (including exceptions)

Section 500 PPC: Punishment for defamation (up to 2 years imprisonment, fine, or both)

🔴 Exceptions (Section 499, Explanation):

Imputation of truth for the public good

Fair criticism of public servants

Opinion on public performance

Reports of court proceedings (with good faith)

🔴 Defenses Against Defamation

1. Truth:

If the statement is true and made for public good, it is not defaPrivileg

2. Privilege:

Absolute privilege: Statements made in Parliament or courts.

Qualified privilege: Statements made in performance of duty or public interest.

3. Fair Comment:

Opinion on matters of public interest, expressed without malice.

4. Consent:

If the aggrieved party consented to the publication.

5. Apology:

Under civil law, a timely apology may reduce liability.

🔴 Procedure for Legal Action

📍Civil Suit for Damages:

File a suit in civil court under the Defamation Ordinance 2002.

Relief may include damages, injunctions, and publication of an apology.

📍Criminal Complaint:

Lodge an FIR or private complaint under Section 500 PPC.

Trial in magistrate court.

📍Defamation and Social Media

With the rise of digital platforms, defamation laws now extend to:

Facebook posts

WhatsApp voice notes/messages

YouTube videos

Tweets (Twitter/X)

⛔ Cyber defamation may also invoke PECA 2016 (Prevention of Electronic Crimes Act) in Pakistan.

Comparison with International Laws

UK: Defamation Act 2013 – Requires proof of serious harm.

USA: Higher burden for public figures (must prove "actual malice") – New York Times v. Sullivan.

India: Sections 499–500 IPC; also civil remedies under tort law.

📍Conclusion

Defamation law balances two critical rights:

Right to freedom of speech, and

Right to reputation.

It provides both civil and criminal remedies, and its importance has increased in the digital era. Victims of defamation must act timely to protect their reputation while respecting the constitutional right to freedom of expression.

2019 CLC Note 56
[Sindh (Hyderabad Bench)]

Before Khadim Hussain M. Shaikh, J

WASEEM BAIG---Petitioner

Versus

Mst. NOSHEEN and 2 others---Respondents

C.P. No. S-1460 and M.A. No. 4329 of 2018, decided on 7th January, 2019.

📍Family Courts Act ( # # of 1964)---

----Ss.13 & 14---Recovery of dowery articles---Enforcement of decree---Revision---Competence---Petitioner assailed order of Family Court whereby it had, in ex*****on proceedings, directed the petitioner to return the remaining dowery articles including gold ornaments as per the list annexed with the plaint or to pay equivalent amount---Contention of petitioner was that gold ornaments were not specifically mentioned in the plaint---Held; petitioner instead of complying with the decree, filed revision application, which was not competent, as there was no such provision in the Family Courts Act, 1964---Gold ornaments were duly mentioned in the list attached with the plaint and their weight was mentioned in the prayer clause of the plaint---Petitioner by filing applications and petitions had been increasing the miseries of the decree holder just to satisfy his ego and deprive the decree holder of her ornaments of gold or value thereof---Constitutional petition was dismissed. [Paras. 1 & 7 of the judgment]

Khadim Hussain Soomro for Petitioner.

Ms. Shahnila Rajput for Respondent No.1.

Date of hearing: 10th September, 2018.

🔴 JUDGMENT

KHADIM HUSSAIN M. SHAIKH, J.---The captioned petition is directed against the order dated 03.04.2018, passed by the learned IInd Additional District Judge, Shaheed Benazirabad, dismissing the Family Revision Application No. 35 of 2017 re: Waseem Baig v. Mst. Nosheen, filed against the order dated 18.10.2017, passed by Family Judge, Nawabshah in ex*****on proceedings of Ex*****on Application No.2 of 2016, emanating from the judgment and decree, passed by the learned Family Court in Family Suit No.155 of 2014, whereby the petitioner was directed to return the remaining 'Jahez' articles including gold ornaments as per the subject list or to pay the equivalent amount thereof without further delay.

2. Briefly, the facts of the case are that respondent Mst. Nosheen was married with the petitioner/defendant Waseem Baig on 25.10.2009 against the Haq Mahar, which was promised to be paid to the respondent afterwards on demand and at the time of Rukhsati of the respondent, her parents had given dowry articles including ornaments of gold weighing five tollas, total amounting to Rs.5,50,000/-. Out of this wedlock, the parties were blessed with one baby Laraib. However, due to family dispute arose between the parties, the respondent left the house of the petitioner/defendant and started residing in the house of her parents. As the petitioner failed in providing maintenance to the respondent and minor baby Laraib; paying the delivery expenses etc to the plaintiff; and returning the dowry articles including gold ornaments to the respondent Mst. Nosheen, hence she filed the aforesaid Family Suit in the Court of Family Judge, Nawabshah, which after the evidence led by the parties, was decreed vide judgment dated 14.11.2015 and decree dated 18.11.2015 by the Family Court, whereby the petitioner was directed to return "Jahez" articles and gold ornaments or equivalent amount thereof within thirty days of passing of the decree. The petitioner was further directed to pay maintenance at the rate of Rs.2000/- per month to the plaintiff for the last three years till she was divorced by the petitioner/defendant; maintenance at the rate of Rs.2000/- per month for the minor deceased baby Laraib from February, 2011 to January, 2013; the dower amount (Haq Mahar) of Rs. 25,000/-; and, delivery expenses of Rs.30,000/- to the plaintiff/respondent.

3. The petitioner/defendant did not challenge the aforesaid judgment and decree passed by the learned Family Court, which attained finality. The Ex*****on Application filed by the decree holder/respondent was also allowed vide order dated 05.03.2016 and in terms of judgment and decree, passed by the learned Family Court, the petitioner was directed to hand over the dowry articles to the decree holder as per decree and list of articles appended to the plaint. The petitioner in pursuance to the judgment and decree handed over the articles to the decree holder/respondent in a piecemeal, but admittedly gold ornaments were not returned to the respondent/decree holder, therefore, the learned Family Court/Executing Court passed the impugned order dated 18.10.2017, directing the petitioner/defendant to hand over gold ornaments to the respondent/decree holder. The petitioner filed Family Revision application in the Court of learned District Judge, which was dismissed by the learned IInd: Additional District Judge, Shaheed Benazirabad vide order dated 03.04.2018. The petitioner has now filed this petition.

4. It is, inter alia, contended by the learned counsel for the petitioner that gold ornaments were not specifically mentioned in the plaint, therefore, the same were not returned to the respondent/decree holder; and, that the learned Executing Court as well as Revisional Court have not considered such aspects of the case. He, therefore, prays that the case may be remanded to the learned executing Court for decision afresh.

5. Conversely, learned counsel for the respondent No.1 has mainly contended that the respondent had filed a suit in the year 2014 and admittedly she had taken all the dowry articles to the house of the petitioner as per list exchanged by the parties at the time of Ruksati of the respondent, which included ornaments of the gold; that the petitioner has been dragging the respondent/decree holder here and there without any reasonable cause. Learned counsel has submitted that ornaments of the old are specifically mentioned in the list of articles annexed with the plaint and there is no ambiguity therein; and, that the petitioner, who is obliged to return the gold ornaments weighing five tollas or its equivalent amount, has made every attempt to deprive the respondent/decree holder fruit of the decree. She, therefore, prays that the petition may be dismissed.

6. I have considered the submissions of the learned counsel for the petitioner and have gone through the material available on the record.

7. From a perusal of the record, it would be seen that the impugned judgment and decree dated 18.11.2015, passed by the Family Court, whereby the petitioner was directed to return Jahez articles including gold ornaments or equivalent amount thereof within thirty (30) days of the passing of the decree; to pay maintenance to the plaintiff for herself and her minor baby Lareb etc. as discussed in the said judgment and decree, having not been challenged by the petitioner, had attained finality; the ex*****on application filed by the decree holder/respondent No.1 Mst. Nosheen was also allowed vide order dated 05.3.2016 and in terms of the judgment and decree passed by Family Court, petitioner was directed to hand over dowry articles as per list appended to the plaint; in pursuance to the judgment and decree, the petitioner has handed over the articles to the decree holder/respondent in a piecemeal, but admittedly gold ornaments have not been returned to the respondent/decree holder Mst. Nosheen by the petitioner till date. As the gold ornaments were not returned to the respondent/decree holder by the petitioner, therefore, by impugned order dated 18.10.2017, the learned Family Court/Executing Court directed the petitioner/defendant to hand over gold ornaments to the decree holder. The petitioner instead of complying with the decree, filed a Family Revision application was dismissed by the learned IInd Additional District Judge, Shaheed Benazirabad vide impugned order dated 03.04.2018, which even otherwise, in my humble view, was not competent, as there is no provision for Family Revision Application provided under the provisions of Family Courts Act, 1964. The only contention raised by the learned counsel for the petitioner is that gold ornaments were not specifically mentioned in the list of articles appended to the plaint, therefore, the petitioner could not return the ornaments of gold or value thereof to the respondent/decree holder. When the learned counsel for the petitioner was confronted to the list of dowry articles appended to the plaint, the learned counsel has conceded that the particulars of the ornaments of gold are shown in the list of articles, but he says that in the pleadings and in the subject list, the weight thereof is not mentioned. This contention of the learned counsel for the petitioner is also totally misconceived as prayer clause (e) of the plaint, which is reproduced in the judgment of learned Family Court, clearly shows the weight of gold ornaments as five (5) tollas as per list. In such view of the matter, I am of the considered view that the petitioner by filing applications and petitions etc has been increasing the miseries of the petitioner just to satisfy his ego and this petition is also an attempt of the petitioner to delay and/or to deprive the decree holder/respondent/ plaintiff of her ornaments of the gold or value thereof, otherwise there is no justification in the present petition. This petition being devoid of merit is liable to be dismissed. These are the reasons of short order announced by me on 10.09.2018, whereby this petition was dismissed with no order as to costs.

SA/W-4/Sindh Petition dismissed.