Correction of date of Birth

PLJ      2017     Peshawar High Court     32

Present to: NISAR HUSSAIN KHAN AND WAQAR AHMAD SETH

 GHAFOOR KHAN 
Versus
SECRETARY TO GOVT. OF KHYBER PAKHTUNKHWA, EDUCATION DEPARTMENT PESHAWAR and 4 others

 Constitution of Pakistan, 1973– —-Art. 199–Civil Servants (Appointment, Promotion and Transfer) Rules, R. 12-A–Constitutional petition–Correction of date of birth in service book–Salary was stopped–Suit for declaration seeking correction in date of birth as wrongly entered in record of NADRA–Suit was decreed–Correction of date of birth in CNIC and not in service record–Maintainability–Decree of Civil Court obtained by petitioner was not binding or applicable to government–Civil servant had not arrayed education department a party in suit–Suit was merely against NADRA for correction of date of birth in CNIC–Civil servant at stage of retirement could not be allowed to take any benefit regarding matter about which he himself was negligent and illiteracy or otherwise of civil servant was no ground at all–Petition was dismissed. [Pp. 37 & 38] A & B 2003 SCMR 444, 2004 PLC (CS) 1162 & 1998 SCMR 1494, ref.

Judgement Result: Petition dismissed

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