Law: Pakistan Citizenship Act, 1951

Section: 5

Law: Succession Act, 1925

Section: 14

Law: Constitution of Pakistan, 1973

Section: 199

Law: West Pakistan Family Courts Act, 1964

Section: 5

(a) Citizenship Act (II of 1951)  S. 5 read with Succession Act (XXXIX of 1925), S. 14-Domicile-Minor's domicile-Follows domicile of parents-Petitioner a citizen of Pakistan by birth-Petitioner's children, citizens of Pakistan by descent irrespective of fact of they having been born in United Kingdom-Courts in Pakistan. held, possessed jurisdiction to entertain and decide suit for maintenance-West Pakistan Family Courts Act (XXXV of 1964), S. 5.-[Domicile-Maintenance]. (b) Constitution of Pakistan (1973) Art. 199-Writ jurisdiction-Cases of no evidence, misdirection, or failure to follow judicial procedure-Treated as acts done without lawful authority and vitiate proceedings undertaken by tribunal and liable to interference in writ jurisdiction-Court or tribunal having jurisdic­tion to decide a matter-Competent to decide same rightly or wrongly-Mere fact of decision being incorrect, however, held, does not render such decision without lawful authority so .as to be liable to be interfered with in writ jurisdiction. Rahim Shah v. The Chief Election Commissioner of Pakistan and another P L D 1973 S C 24 and Muhammad Hussain Munir anal others v. Sikandar and others P L D 1974 S C 139 ref. (c) West Pakistan Family Courts Act (XXXV of 1964) S. 5-Maintenance-Judge, Family Court, having jurisdiction to fix amount of allowance payable, determining such amount after due appraisal of entire record-Determination thus made, held, not open to scrutiny in High Court in exercise of its extraordinary jurisdiction ­Constitution of Pakistan (1973), Art. 199.-[Maintenance]. (d) West Pakistan Family Courts Act (XXXV of 1964) S. 5. , read with Sched.-Maintenance-Fact of mother of minor children being employed and earning, held, does not absolve husband of his legal obligation to maintain his children till they obtain age of majority.-[Maintenance]. (e) West Pakistan Family Courts Act (XXXV of 1964)  S. 5 read with Sched.-Education allowance-Children not of school going age nor admitted in any school-Education allowance, held, could not be allowed in respect of such children. Dates of hearing : 21st and 22nd December, 1980.          …