Law: Family Courts Act, 1964

Section: 5, Schedule

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Constitution of Pakistan Art.203-D---Shariat petition---Jurisdiction of Family Court to issue decree for restitution of conjugal rights---Repugnancy to injunctions of Islam---No specific verse of the Qur'an or Hadith put an embargo on the Family Court to restrain it from passing art order for restitution of conjugal rights-- Jurisdiction of Family Court to issue decree for restitution of conjugal rights was not against the Injunctions of Islam. Reconciliation efforts had been emphasized in the Holy Qur'an to effect compromise between the spouses, if their relations were strained. West Pakistan Family Courts Act, 1964, also provided for compromise or reconciliation at pre-trial and post-trial stages, which was according to Injunctions of Islam. In case of spouses, the jurisdiction to resolve their differences had been granted to the Family Court. However in case, the compromise or re-conciliation failed and did not appear to be possible, then the course to be adopted by the Family Court to settle matter had also been mentioned in the West Pakistan Family Courts Act, 1964. Petitioner did not cite any verse of the Qur'an or Hadith to support his contention that jurisdiction of Family Court to issue decree for restitution of conjugal rights was against the Injunctions of Islam--- Shariat petition was dismissed accordingly. Surah Al-Nisa, Verse 35 ref. JUDGMENT ALLAMA DR. FIDA MUHAMMAD KHAN, J.---The learned counsel for the petitioner has challenged Section 5 of the West Pakistan Family Courts Act, 1964 (hereinafter called the said Act) on the grounds that it is against the injunctions of Islam. The impugned section reads as under:- "Subject to the provisions of the Muslim Family Laws Ordinance, 1961, and the Conciliation Courts Ordinance, 1961, the Family Courts shall have exclusive jurisdiction to entertain, hear and adjudicate upon matters specified in the Schedule". 2. We have heard the learned counsel for the petitioner. Placing reliance on several Verses of the Holy Qur'an pertaining to Divorce, and Verse No.35 of Surah Al-Nisa, he contended that the impugned section empowers the Family…

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