Law: West Pakistan Family Courts Act, 1964

Section: 5 , 23

  West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Suit for jactitation of marriage---Object---Main object of a suit for jactitation of marriage is to perpetually silence a false allegation or claim put forward by defendant, of a marriage having taken place between defendant and plaintiff. Mirza Qamar' Raza v. Mst. Tahira Begum and others PLD 1988 Kar, 169 ref. West Pakistan Family Courts Act (XXXV of 1964)--- ----S.5 & Sched: --Suit for jactitation of marriage---Forum to grant relief-- Family Court alone is competent to grant relief in a suit for jactitation of marriage. Mst. Amina Begum v. Ghulam Nabi and 2 others PLD 1974 Lab. 78; Tajoo v. Mst. Sattaran PLD 1974 Lah. 105; Mst. Zohran Bibi v. Manzoor Ahmad and 2 others in PLD 1975 Lah. 318; Mst. Sakina and 2 others v. Nasir Ali PLD 1976 Quetta 97; Malla v. Mst. Jawai etc. 1981 CLC 1097; Muhammad Azam v. Muhammad Iqbal and others PLD 1984 SC 95 and Nazar Qasim v. Mst. Shaista Parveen 1979 CLC 462 rel. West Pakistan Family Courts Act (XXXV of 1964)--- ----S.23---Muslim Family Laws Ordinance (VIII of 1961), S.5---Validity of marriage registered under Muslim Family Laws Ordinance, 1961---Validity of such marriage could not be questioned by a Family Court, nor would any evidence in regard thereto, be admissible before such Court---Party to the marriage, however, was not prevented from leading evidence to show that a marriage did not in fact take place as alleged or that fraud had been perpetrated against the party or that his/her signature on the alleged Nikahnama was also forged. :,   Nazar Qasim v. Mst. Shaista Parveen 1979 CLC 462; Malla v. Mst. Jawai, etc. 1981 CLC 1097 and Muhammad Azam v. Muhammad lqbal and others PLD 1984 SC 95 rel. West Pakistan Family Courts Act (XXXV of 1964)--- ----S.5 & Sched: --Husband's suit for restitution of conjugal frights decreed--- Wife's suit for jactitation of marriage subsequently decreed---Effect---Decree for restitution of conjugal rights presupposes existence of a valid marriage between the parties---Where suit for jactitation of marriage was decreed, decree for restitution of conjugal rights would vanish---Decree for…