Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------Ss. 2(a), 5 & Sched---Muslim Family Laws Ordinance (VIII of 1961), Ss.6, 7, 8 & 9---Constitution of Pakistan (1973), Art. 199---Constitutional petition----Dispute regarding determination of legality/validity of marriage or genuineness or otherwise of Nikahnama---Forum to determine---Dispute regarding determination of legality/validity of the marriage or genuineness or otherwise of Nikahnama could not be questioned before Arbitration Council---Arbitration Council had jurisdiction only to matters mentioned in Ss.6, 7, 8 & 9 of Muslim Family Laws Ordinance, 1961 and for proceedings under those sections the Legislature had framed Rules under the Muslim Family Laws Ordinance---Arbitration Council had not the power to make unlawful anything declared lawful by Islam nor could do vice versa---Provisions of S.6 of Muslim Family Laws Ordinance, 1961 which dealt with polygamy to protect the rights of existing wife/wives and interest of her children, had not expressly declared the subsequent marriage illegal---Said law had only prescribed a procedure to be followed for subsequent marriages and punishment for its non-observance---If permission at the time of subsequent marriage was not sought from Arbitration Council, it would not make subsequent marriage as illegal or invalid---Disputes arising between spouses were to be adjudicated upon by Family Courts and matters/suits exclusively triable by Family Courts had been mentioned in Schedule under S.5 of West Pakistan Family Courts Act, 1964---Disputes mentioned in Schedule could only be decided by Family Court, but Family Court would not question the validity of any marriage registered in accordance with provisions of Muslim Family Laws Ordinance, 1961 nor record any evidence with regard thereto to be admissible before such Court---Suit in which the right to property or to an office is contested is a suit of civil nature "notwithstanding", that such right may depend entirely on the decision of question as to religious rites or ceremonies--­Petitioner, in the present case, whether was legally wedded wife of deceased or not could not be decided by Municipal…

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