Law: Muslim Family Laws Ordinance, 1961

Section: 9 , 5 , 11

Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 9---West Pakistan Family Courts Act (XXXV of 1964), S. 5 & Sched: = Civil Procedure Code (V of 1908), O.V1I, R. 11---Jurisdiction of Chairman' Conciliation Court and Collector to award maintenance to plaintiff's wife (defendant) challenged through civil suit---Defendant's application for rejection of a plaint on the ground that subject-matter of suit was within jurisdiction of Family Court and that Civil Court had no jurisdiction to entertain or adjudicate such case---Plaintiff in his suit had challenged the very exercise of jurisdiction by Chairman, Conciliation Court and Collector and such matter did not involve jurisdiction of Family Court ---Averments in plaint showed that apart from point of jurisdiction, other relief claimed by plaintiff related to restraint to third parties from creating hindrance in his family life which relief could not be deemed to be a relief for jactitation of marriage-- Plaintiff's suit prima facie being maintainable, application for rejection of plaint was not competent. Muhammad Azam v. Muhammad Iqbal and others PLD 1984 SC 95 and Nazar Oasim v. Mst. Shaista Parveen 1979 CLC 462 ref. Asar Hussain, and G.R. Warsi for Ismail Padhiar for Plaintiff. J.H. Rahimtoola alongwith Inayatullah, Salim Karamally and Feroze Allana for Defendants Nos. 1 to 7. Muhammad Muzaffarul Haq for Defendant No.8. ORDER This application under sections 9, 151 and Order 7, rule 11(d), C.P.C. has been moved on behalf of the defendant No.2, and although no specific prayer for the rejection of plaint has been made, in effect this is what the said defendant seeks on the ground that, "suit relates to settlement and disposal of disputes relating to marriage and family   affairs cognizance of which is barred under the exclusively vested in Family Court under the Family Courts Act. 1964". It will be beneficial to briefly set out the facts as alleged in the plaint in order to appreciate the contention of the learned counsel for the parties. The plaintiff, who was a follower of Aghakhani sect became a Sunani Muslim and asked his wife to do the same, failing which, on expiry of…