' In this revision petition, the petitioner has impugned the interlocutory order of the learned Additional District Judge-I, Peshawar, dated 9-1-1999 whereby the objection of the petitioner with regard to the respondents' appeal being time-barred was overruled and it was held that the appeal was within time and the same was fixed for arguments on 18-1-1999.
2. Learned counsel for the parties heard and the material on the file perused.
3. Under section 5 of the West Pakistan Family Courts Act, 1964, the Family Court has exclusive jurisdiction to entertain, hear and adjudicate the following matters:---
(i) Dissolution of marriage,
(ii) Dower;
(iii) Maintenance;
(iv) Restitution of conjugal rights;
(v) Custody of children;
(vi) 'Guardianship; and
(vii) Restitution.
4. Thus, in view of the above legal provisions Family Court possesses exclusive jurisdiction in the matter of custody of children and guardianship as specified in the Schedule to the family Court Act, 1964. Section 14 of the Act (ibid) Provides an appeal against decision or a 'decree' to the High Court where Family Court is presided by a District Judge/Additional District Judge and in any other case appeal would lie to the District Judge. In the respondents' appeal before the learned Additional District Judge two interlocutory orders have been impugned which is yet to be adjudicated upon by the said Court, therefore, I would refrain to pass any observation. The petitioner has assailed two interlocutory orders in this revision petition which cannot be said to be a case decided' within the meaning of section 115 of the Civil Procedure Code which even otherwise stand excluded by virtue of section 17 of the West 'Pakistan Family Courts Act, 1964, thus, there is no provision of revision before this Court in family matters.
5. In view of the above, this revision petition being incompetent is dismissed with the direction to the Appellate Court to decide the appeal on merits in accordance with law within a month.