Law: Family Courts Act, 1964

Section: 5, Schedule

Law: Civil Procedure Code (V of 1908)

Section: 9

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) West Pakistan Family Courts Act (XXXV of 1964)-------S. 5 & Sched.---Constitution of Pakistan, Art.185(3)---Leave to appeal was granted by Supreme Court to consider; whether condition of payment of sum of Rs.100,000 by husband in the event of giving divorce to wife as stipulated in Nikahname was a valid one and recoverable by filing a suit before Family Court and to resolve the conflict of s of High Court in the cases of Nasrullah v. District Judge PLD 2004 Lah. 588 and Muhammad Akram v. Hajra Bibi PLD 2007 Lah. 515. Muhammad Bashir Ali Siddiqui v. Sarwar Jehan Begum 2008 SCMR 186; Nasrullah v. District Judge PLD 2004 Lah. 588 and Muhammad Akram v. Hajra Bibi PLD 2007 Lah. 515 ref. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----Ss. 5 & Sched., Item No.9---Civil Procedure Code (V of 1908), S.9---Family Court, jurisdiction of---Words "personal property and belonging of the wife-Scope-Civil Procedure Code, 1908---Applicability---Damages, recovery of---Parties entered into agreement stipulating that in case husband would divorce the wife, then he was obliged to pay a sum of Rs.100,000 as damages to her---Validity---West Pakistan Family Courts Act, 1964, was special law meant to cater for specific object and special kind of cases strictly covered by items mentioned in Sched. thereto---Civil courts were the courts of inherent and plenary jurisdiction competent to adjudicate all disputes of civil nature between litigating parties but such jurisdiction in terms of S.9, C.P.C. had been ousted either expressly or by necessary implication--In order to evaluate whether such jurisdiction had been taken away, the special law under which it was so done, must not only be strictly construed but also be accordingly applied---If provisions of S.5 of West Pakistan Family Courts Act, 1964, were read with the entries of the Schedule, there was no confusion or ambiguity about cases falling within item Nos-1 to 8 thereto while entry No.9 was incorporated by way of amendment---Words "personal property and belonging of wife" as appearing in item 9 of Sched. to West Pakistan Family Courts Act, 1964, could not be interpreted to mean that suit for specific…

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