Law:

Section:

Criminal Procedure Code (V of 1898), S. 488 and West Pakistan Family Courts Act (XXXV of 1964), Ss. 5 & 20-Sections 5 & 20 of Act XXXV of 1964 vis-a-vis S. 488, Cr. P. C. Magistrate dealing with matter under S. 488, Cr. P. C. ceased to have jurisdiction in respect of scheduled matters from date Act XXXV of 1964 enforced. Adnan Afzal v. Capt. Sher Afzal P L D 1969 S C 187 ref. Riaz Hashmi, Senior Advocate Supreme Court instructed by V. A. Kidwai, Advocate -on-Record for Petitioner. Nemo for Respondents. Dates of hearing : 11th and 12th January 19 71. ORDER WAHIDUDDIN AHMAD, J.-The petitioner filed an application under section 488, Cr. P. C. for her maintenance and for the maintenance of her children, Mst. Najma, Mst. Saleha, Mst. Jehan Ara and Syed Abid Hussain at the rate of Rs. 250 per month from the respondent in the Court of S. D. M., Mirpur Khas. During the pendency of the application, the provisions of West Pakistan Family Courts Act, 1964, were applied to the District of Tharparkar by notification dated the 21st February 1967. In spite of this, the above application proceeded before the Magistrate concerned and no objection was taken to the jurisdiction of the Court. On the 30th October 1967, the learned S. D. M. granted maintenance to the petitioner at the rate of Rs. 150 per month. Respondent filed revision petition against this order in the Court of Sessions which was dismissed on the 31st July 1968. In this revision the respondent raised an objection about the jurisdiction of the Magistrate to grant maintenance. This order was challenged in the High Court in further revision. In the revision, no objection was taken about the jurisdiction of the Magistrate to grant maintenance. The revision was summarily dismissed on the 23rd September 1968. After the dismissal of the revision application, the learned S. D. M. issued notice on the 19th May 1969, calling upon the respondent to deposit the sum of Rs. 3,903.98 as arrears of maintenance. The respondent again challenged this order in the Sessions Court on the revisional side and contended that the order of the S. D. M. was without jurisdiction. This application was dis­missed on the 17th April 1970.…

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