PESHAWAR, March 15: The Peshawar High Court has directed all the  district and sessions judges to follow the Family Court Act in cases regarding custody of children and guardianship.

The high court has asked the judicial officers to entertain these cases as family court cases and to enter the same in the register of family court cases.

The registrar of the high court, Saleem Khan Minakhel, has sent a letter to all the district and sessions judges in the province on March 11, pointing out that it had come to the notice of the high court’s chief justice, Justice Mian Shakirullah Jan, that while dealing with the cases of custody of children and guardianship, majority of the courts did not  follow the provisions of Section 5 of the NWFP Family Courts Act, 1964, read with schedule thereto.

He pointed out that the correct legal position was that the Family Court had exclusive jurisdiction to entertain, hear and adjudicate upon the subject cases, as specified in the schedule.

The registrar stated that under Section 25 of the Family Court Act, a  family court was a district court for the purpose of Guardians and Wards Act, 1890. He asked the district and sessions judges to adhere to the said provisions of law and to entertain the subject cases as family court cases.

The senior civil judges have been hearing cases of custody of children and guardianship, whereas such cases are not filed before the family courts. Under the Family Court Act the family courts enjoy powers of district court while dealing with cases of custody of children and guardianship under the Guardians and Wards Act.