Law: West Pakistan Family Courts Act, 1964

Section: 14(2), (a), (b), (c), 5

Law: Constitution of Pakistan, 1973

Section: 199

Law: West Pakistan Civil Courts Ordinance, (II of 1962)

Section: 18

(a) West Pakistan Family .Courts Act (XXXV of 1964) S. 14(2)---Constitution of Pakistan (1973), Art.199---Constitutional petition--- Maintainability---Adequate and efficacious remedy, non-availing of---Suit for recovery of dowry articles was decreed against ex-husband---Ex -husband instead of filing appeal before District Judge under S.14 of West Pakistan Family Courts Act, 1964, assailed the judgment and decree before High Court in Constitutional jurisdiction---Validity---Where the judgment and decree passed by the Family Court did not fall within the prohibition contained in S.14(2) of West Pakistan Family Courts Act, 1964, appeal against such judgment was maintainable under S.14 of West Pakistan Family Courts Act, 1964---Such adequate and efficacious remedy provided under law having not been availed, Constitutional petition was not maintainable. Mst. Rushda Zareen v. Muhammad Saleh PLD 1976 Lah. 1327 ref. (b) West Pakistan Family Courts Act (XXXV of 1964) S. 14---West Pakistan Civil Courts Ordinance (II of 1962), Preamble-- Suits Valuation Act (VII of 1887), Preamble---West Pakistan Civil Courts Ordinance, 1962 and Suits Valuation Act, 1887---Applicability---Appeal-- Maintainability---Amount of decree passed by Family Court---Relevance--Irrespective of any amount of decree included in a family suit, appeal is competent before District Judge, except the three categories mentioned in S.14(2)(a), (b) & (c) of West Pakistan Family Courts Act, 1964---Provisions of Suits Valuation Act, 1887, and West Pakistan Civil Courts Ordinance, 1962, are not applicable to a suit under West Pakistan Family Courts Act, 1964. Shabbir Hussain v. Mst. Ansar Fatima and 3 others PLD 1985 Lah. 491 and Muhammad Yousaf and another v. Naghar Fayyaz 1985 CLC 2609 ref. (c) West Pakistan Family Courts Act (XXXV of 1964) Ss. 5 & 14---West Pakistan Civil Courts Ordinance (II of 1962), S.18--- Pecuniary limits---Civil Judge, notified as Family Court ---Jurisdiction-- Determination of forum of appeal---Scope---Matrimonial disputes exclusively fall within the jurisdiction of Family Courts created under special statute-- Provisions of special statute prevail against all other…