Law: Family Courts Act, 1964

Section: 5,Sched

Law: Family Courts Act, 1964

Section: 5,Sched

Law: Constitution of Pakistan, 1973

Section: 199

(a) Administration of justice-----When law requires an act to be done in a particular manner, doing otherwise renders the same nullity in the eye of law. (b) West Pakistan Family Courts Act (XXXV of 1964) ----S. 5 & Sched.---Constitution of Pakistan Art.199---Constitutional petition---Family dispute---Reference to arbitrator---Suit for recovery of dowry articles, maintenance and dower amount was filed by wife---Family Court instead of proceeding with the matter according to procedure provided under West Pakistan Family Courts Act, 1964, referred the matter to arbitrators, who announced the award---Family Court in the light of award announced the and the same was maintained by Lower Appellate Court---Validity---Provision of arbitration was not provided under West Pakistan Family Courts Act, 1964, therefore, Family Court could not refer the dispute pending before him to arbitrators---Judgments and decrees passed by two Courts below were not sustainable in the eye of law as arbitrators could not be directed to decide matter pending before competent forum---High Court in exercise of Constitutional jurisdiction set aside concurrent s and decrees passed by two Courts below and case was remanded to Family Court for decision afresh---Petition was allowed accordingly. (c) Jurisdiction--- ----Jurisdiction cannot be conferred by mutual consent of the parties. (d) Administration of justice--- ----Illegality committed in good faith cannot be legalized. D Ch. Muhammad Tariq Manj for Petitioner. Syed Muhammad Ali Gillani for Respondents Nos.3 to 6. ORDER CH. MUHAMMAD TARIQ, J.--- This writ petition has been directed against the judgment and decree dated 14-10-2010 passed by the learned Additional District Judge, Vehari who dismissed the appeal and maintained the judgment and decree of learned Judge . Family Court. 2. Learned counsel for. the petitioner has assailed the concurrent findings of two courts below on the sole ground that respondent No.3 filed suit for recovery of dowry articles, maintenance allowances and -payment of dower amount which was pending before the learned Judge Family Court who with the consent of the parties referred the matter to the arbitrators…

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