Law:

Section:

West Pakistan Family Courts Act (XXY'V of 1964)--- ----S.5 & Sched.---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Family Court, jurisdiction of---Non-Muslims---Scope---Plea raised by petitioner was that as the parties were non-Muslim Ahmadies, therefore, Family Court had no jurisdiction under S.5 of West Pakistan Family Courts Act, 1964---Validity---Family Courts established udder West Pakistan Family Courts Act, 1964, embraced personal laws of all religions and could entertain causes relating to matters mentioned in Para I of Schedule to West Pakistan Family Courts Act, 1964, which included matters pertaining to non Muslims (including Ahmadies) as well as matter which had arisen out of non-codified Personal Law---Family Court had rightly rejected the objection raised by petitioner regarding jurisdiction---High Court in exercise of Constitutional jurisdiction, maintained the order passed by Family Court---Petition was dismissed in circumstances. Mst. Farida Malik and others v. Dr. Khalida Malik and others 1998 SCMR 816; Farah Chaudhry v. Shahid Mahmood Malik 2005 YLR 29; Muhammad Rasheed Ahmed v. Nusrat Jehan Begum 1986 MLD 1010; Amjad Khan Yousufzai and another v. Arshad Khan and others 2009 CLC 1057; Naeem Ahmed v. Mst. Nuzhat Almas and 2 others 1981 CLC 195; Mubbasher Ahmed v. Talat Khurshid and others 1996 CLC 1963; Ahmed v. Mehr Khan PLD 1982 FSC 48; Jagsi v. Shr. Marwan and another PLD 2005 Kar. 334; Mulchand v. Smt. India and others PLD 1985 Kar. 362; Ramdas v. Mst. Bernadat PLD 1998 Kar. 42; Safdar Bhatti v. Mst. Rozi Jan PLD 1977 Lah. 836; Mrs. Daphne Joseph v. Malik Eric Roshan Khan PLD 1971 Kar. 887; Kerala State Electricity Board v. Messrs Midland Rubber and Produce Co. Ltd. and another (1976) 1 SCC 468; Chandavarkar Sita Ratna Rao v. Ashalata S. Guram (1986) 4 SCC 447; South India Corporation (P) Ltd. v. Secretary, Board of Revenue, Trivandrum and another AIR 1964 SC 207; C & J Clark Ltd. v. Inland Revenue Comrs. (1973) 2 All ER 513; Masood Ahmad Malik v. Mst. Fouzia Farhana Quddus 1991 SCMR 681; Haji Nizam Khan v. Additional District Judge, Lyallpur and others PLD 1976 Lah. 930; Masood Sadiq v. Mst. Shazia PLD…

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