Law: Family Courts Act, 1964

Section: 5

(a) West Pakistan Family Courts Act (XXXV of 1964)-- --- Preamble-- Intention of law was to set up separate Courts and entrust matters to them in their capacity as Family Courts. (b) West Pakistan Family Courts Act (XXXV of 1964)-- --- S. 5 & Such., item (7)--Jactitation of marriage- -Definition- Determination as to the definition of jactitation of marriage must be given a specific meaning and not an extended meaning--[Mst. Amina Begum v. Ghulam Nabi and 2 others P L D 1974 Lah. 78 dissented from]. Black's Law Dictionary, Fifth Edn., p. 748; Wharton's Law Lexicon, Fourteenth Edn. , p.538; Stroud's Judicial Dictionary, Fourth Edition, Vol.3, p. 1436; Halsbury's Laws of England, Third Edn., Vol. 7, p.110 & Vol 12, p. 223; Mst. Sakina and 2 others v. Nasir Ali P L D 1976 Quetta 97; Mir Azmat Ali v. Mahmudul Nisa ILR 11 All. 96; Goldstone v. Goldstone (1922) 127 L T R 32; Tajoo v. Mst. Sattaran P L D 1974 Lah. 105; Mir Azmat Ali v'. Mohammadunnisa ILR 1898 All. 96; A.A. Fyzee on Outlines of Muhammadan Law, 1964, Third Edn. , p.124; Shaukat Mahmood on Principles and Digest of Muslim Law, 1976, Third Edn. , p.46 and English-Urdu Law Dictionary (Law Laxicon), Fourth Edn. ref. (c) Jurisdiction--- --- Provision relating to the conferment of jurisdiction on a special Court or Tribunal and thereby excluding the general jurisdiction of ordinary Courts, should be construed strictly. (d) West Pakistan Family Courts Act (XXXV of 1964)-- ---S. 5 & Shed. , item (7)--Wife asking for a declaration of non-existence of marriage and consequently an injunction against husband not to call her as his wife--Such a suit, as framed and filed could not be said to be a suit for jactitation of marriage, but it was a suit for jactitation of divorce, for which it was Civil Court and not the Family Court which had the jurisdiction. (e) West Pakistan Family Courts Act (XXXV of 1964)-- ---S. 2 2- -Jurisdiction of Family Court to issue any injunction is barred not only against pending proceedings but also against Chairman of the Union Council. (f) Muslim Family Laws Ordinance (VIII of 1961)-- ---S. 7--Proceedings under S.7 stand initiated on the receipt of notice by the Chairman from the husband…

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