Hindu Separation Suit

Hindu Married Women s Rights to Separate Resident and Maintenance Act, 1946– —-Scope of–Muslim Family Courts Act, 1964, S. 10(5)–Muslim Family Law Ordinance, 1961, S. 1(2)–Hindu lady, filed suit for separation against petitioner, which was allowed by Family Court under Section 10(5) of Family Court Act 1964–Petitioner challenging judgment of family Court–Held: Act, 1964 is not only relating to muslim family matters and Special Courts were established to exercise jurisdiction in respect of all matters as mentioned in Part I of schedule under Section 5 of Act irrespective of facts that any dispute brought to special Court, i.e family Court is by a Muslim or a non Muslim or a Hindu. [P. 733] A

Judgement Result: Petition dismissed

PLJ 2017 Lahore 732

Paternity of Minor

Paternity of Minor– —-Disown paternity of minor by father-Jurisdiction–Question of paternity can only be decided by Civil Court–Validity–Question of paternity cannot be determined by Family Court and as such District Judge in appeal could not remand case to Family Court to determine paternity of minor–Family Court as well as Court of District Judge is not a Court of civil jurisdiction as understood in CPC–It is only a civil Court which can adjudicate upon paternity of minor.

PLJ 2016 Lahore High Court 818

Jurisdiction of family court in custody cases

Section 5 of Family Court Act 1964

Section 9 of Guardian and ward Act 1890

custody and guardianship of minor–determination of jurisdiction… family court had exclusive jurisdiction to entertain, hear and adjudication all the matters which fell within first Schedule of Family Court Act 1964 which included and guardianship matters…. In the present case, application for custody of minors filed under section 25 of guardian and ward Act 1890 was returned for presentation before the appropriate forum.. constitution Petition was allowed accordingly,

2017 CLC Note 162

PLD 2012 Supreme Court 66

 

 

Supreme Court Decision Binding on all courts

Decision of Supreme Court Binding

Article 189 of Constitution of Paistan.. Decision of Supreme Court—Binding effect… decision of Supreme Court enunciating principle of law was binding on all other courts in Pakistan—Judgment passed by any court including High Court contrary to the dictum laid down by th Supreme Court would be a judgment per incuriam

PLD 2017 Islamabad 162