Law: West Pakistan Family Courts Act, 1964

Section: 5 , 23

  West Pakistan Family Courts Act (XXXV of 1964)--- ----Ss. 5 & 23---Dispute relating to false marriage---Jurisdiction---Dispute relating to false marriage lay wholly within the jurisdiction of Family Court-- Section 23, West Pakistan Family Courts Act, 1964, was not a bar to such suit. Mst. Amina Begum v. Ghulam Nabi and 2 others P L D 1974 Lah. 78; Nazar Qasim v. Mst. Shaista Parveen 1979 C L C 462 and Malla v. Mst. Jawai etc. 1981 C L C 1097 rel. West Pakistan Family Courts Act (XXXV of 1964)--- -----S. 5---Constitution of Pakistan (1973), Art. 199---Instrument of Nikah executed under duress and coercion---Jurisdiction---Family Court was competent to examine as to whether instrument of Nikah having been executed in favour of petitioner was under duress or coercion---Family Court as well as Appellate Court having rendered findings on basis of evidence, conclusion of fact was not open to exception in Constitutional jurisdiction unless and until, same was shown to have been vitiated by misreading or non-reading of evidence or in excess of authority---No such circumstances having been pointed out, interference was not warranted in exercise of Constitutional jurisdiction. Sardar Najamuddin Khan for Petitioner. M. Uzair Chughtai for Respondents. Date of hearing: 25th March, 1991. JUDGMENT On 7-1-1988 Mst. Farhat Jehan instituted a suit for jactitation of marriage in the Court of Senior Civil Judge, Bahawalpur with the powers of Judge Family Court. It was alleged therein that she was abducted by Syed Iqbal Hussain Shah alongwith his accomplices, that she was recovered by the Police on 27-9-1987; that when she was with Syed Iqbal Hussain Shah, she was coerced to affix her thumb-impression on certain documents which were changed into Nikahnama. It was further alleged that the   aforesaid instrument of Nikah was prepared under duress, was without any lawful authority and that the respondents be restrained from calling her/his wife. The suit was resisted. It was pleaded in written statement that the plaintiff was sui juris; that she had contracted nikah with her own free will; that she had made statement before the Magistrate as well as before the High…