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