Law: West Pakistan Family Courts Act, 1964

Section: 5

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Muslim Family Laws Ordinance (VIII of 1961), Preamble-- Constitution of Pakistan (1973), Art. 199---Constitutional petition---Jurisdiction of Family Court to entertain and decide cases of dissolution of marriage of Ahmadis---No special forum has been provided and no provision of West Pakistan Family Courts Act, 1964, makes it applicable exclusively to Muslims--Reference to Muslim Family Laws Ordinance, 1961, in S. 5, West Pakistan Family- Courts Act, 1964 indicates that matters covered by and determinable under Muslim Family Laws Ordinance, 1961 would be-dealt with according to that Ordinance and would not be tried and decided under West Pakistan Family Courts Act, 1964---Provisions of West Pakistan Family Courts Act, 1964, would, thus, be applicable to cases of dissolution of marriage instituted by Ahmadis---Petitioner, however, participated throughout the proceedings of suit before Family Court and did not raise question of jurisdiction before Family Court and there being no finding of Family Court, such question would not be permitted to be raised for the first time in Constitutional petition, especially when correctness of such objection was doubtful---Whole effort of petitioner in raising such question, appeared to be mala fide---Petitioner having failed before Family Court wanted to have the judgment and decree passed against him set at naught on plea of jurisdiction---Petitioner had no case on merits and had rightly chosen not to argue his case on merits---Constitutional petition against judgment   and decree of Family Court was not competent in circumstances. Sultan Ahmad v. Mst. Mehr Bhari and another PLD 1982 FSCt 48 and Rashid Ahmad v. The State PLD 1972 SC 271 ref. Sardar Abu Shahnam K.M. Shaheen Choudhary for Petitioner, ORDER In this writ petition, the judgment and decree passed on 2-4-1996 by the learned Judge Family Court, Narowal whereby the suit of the respondent for dissolution of marriage was decreed has been challenged. Learned counsel for the petitioner states that he does not want to argue the case on the merits but only on one preliminary objection relating to…