Territorial jurisdiction of family court

Territorial jurisdiction of family court

Section 6 of family court rules 1965, section 16, 17, 18, 19, 20 of civil procedure code 1908

Family court territorial jurisdiction .. court within the local limits of which the wife ordinary resides… family court alone had exclusive jurisdiction to deal with all the matrimonial disputes, whataver their nature, irrespective of territorial jurisdiction, provided that the famiy court where the wife resides shall have the jurisdiction to entertain such suits/claims… provisions of section 16, 17, 18, 19 and 20 CPC stood excluded from the proceedings before the family court, thus the question of its territorial jurisdiction would never arise, provided that the family court where the wife resides shall have the exclusive jurisdiction over all such matter.

PLD 2016 SC 613

Property mentioned in Nikahnama exclusive power of Family Courts

Property mentioned in Nikahnama exclusive power of Family Courts

Section 5 of family Court Act 1964

Family court jurisdiction of – undertaking given in the nikah nama that certain property land shall be transferred in the name of the wife and she would be exclusive owner of the same – such an undertaking could be construed as a part of dower or a gift to wife in consideration of marriage therefore, it would fall within the exclusive domain of the family court to pass a decree in relation to such property.

PLD 2016 SC 613