Law: Family Courts Act, 1964

Section: 5,Sched

Law: Family Courts Act, 1964

Section: 5,Sched

Law: Guardians and Wards Act, 1890

Section: 25

Law: Constitution of Pakistan, 1973

Section: 199

(a) West Pakistan Family Courts Act (XXXV of 1964)-------S. 5, Sched---Constitution of Pakistan, Art. 199 ---Constitutional petition---Jurisdiction of Family Court----"Personal belongings or property of wife"---Scope---Suit for recovery of dower was partly decreed---Wife (petitioner) had claimed an amount on basis of an alleged "iqrarnama" executed by husband in favour of wife for an amount to be payable to her by the husband in case of certain commissions or omissions by husband---Said claim of wife was denied by Appellate Court---Contention of wife was that said document (iqrarnama) was not objected to by the husband and as such her claim had been proved---Wife further contended that Family Court could adjudicate on her claim since the same fell within the scope of "personal belongings or property of wife" was given in the Schedule to section 5 of the West Pakistan Family Courts Act, 1964---Validity---Document which was exhibited in evidence, must not be a proved document and question of jurisdiction as to the admissibility of claim and nature of document was also to be seen by the court---Commitment or undertakings in the said document/iqrarnama could not attain the status of personal belongings or property of a wife and thus adjudication on basis of such document would fall outside the scope of the jurisdiction of the Family Court---Claim of wife to such extent was rightly denied by Appellate Court---Constitutional petition was dismissed. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 91---Document---Proof of---Production of a document and proof thereof were two distinct incidents---Document which was exhibited in evidence, must not be a proved documents and question of jurisdiction as to the admissibility of claim and nature of document was also to be seen by the court. (c) Guardians and Wards Act (VIII of 1890)--- ----S. 25---Constitution of Pakistan, Art.199---Constitutional petition---Custody of minor---Contest between father and mother of minor---Father (petitioner) impugned order of Family Court whereby his petition under S.25 of the Guardians and Wards Act, 1890 for custody of minor was dismissed---Validity---Father had entered into a second marriage…

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