Law: West Pakistan Family Courts Act, 1964

Section: 5

Law: Criminal Procedure Code (V of 1898)

Section: 5, 491

West Pakistan Family Courts Act (XXXV' of 1964) 5 Custody of children-Matter within exclusive jurisdiction of Family Courts-Petition under S. 491, Cr. P. C. for obtaining custody of child, held, not maintainable-Criminal Procedure Code (V of 1898), 5.491 Date of hearing: 20th September 1971.                                                                                                                          JUDGMENT IMDADALLY H. AGHA, J.-This is a criminal petition under section 491 of the Code of Criminal Procedure. It came up today for hearing after it was admitted to regular hearing earlier. But today no one appeared on behalf of the petitioner nor the petitioner herself is present. However, the learned Advocate-- General who was given a notice to appear in this case has appeared and counsel for the respondents Mr. Shaikh Mir Muhammad has also appeared. The learned Advocate-General has invited my attention to section 5 of the West Pakistan Family Courts Act, 1964 which is as follows "5. Jurisdiction: Subject to the provisions of the Muslim Family Laws Ordinance, 1961, and the Conciliation Courts Ordinance, 1961, the Family Courts shall have exclusive jurisdiction to entertain, hear and adjudicate upon matters specified in the Schedule." 3. It will be noticed that this section gives exclusive jurisdic tion to Family Courts for those matters which are specified in the Schedule to the Act. The Schedule of the Act speaks of custody of children,…