Judgement Sheet in The Peshawar High Court, D.I.Khan Bench (Judicial Department)
Judgement Sheet in The Peshawar High Court, D.I.Khan Bench (Judicial Department)
JUDGMENT
1973, the petitioner Asif Raza Masih has called in question the
disposal of this writ petition that the respondent No.1 filed a suit
following order:-
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jurisdiction before the Family Court and stated that the learned
for the parties and after going through the case law cited, this Court
case.
Schedule.”
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Courts Act, 1964 and those of the Muslim Family Laws Ordinance,
1961 shows that they do not operate exactly in the same field and
that the scope of the Family Courts Act, 1964 is wider than that of
the Muslim Family Laws Ordinance, 1961. In our view, the affect
of the words in section 5 that the Family Courts shall have the
Muslim Family Laws Ordinance, 1961 imply only that where there
and the Family Courts Act, 1964, the provisions of the Muslim
their pristine form and no more. They do not have any other effect
other law can be entertained but will be heard and tried not in
FSC 48).
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‘Khula’ in the divorce Act, 1869 and as such the mere statement of
the petitioner that she was not willing to live as a wife with
the Divorce Act, 1869, which relates to the grounds when wife
also made to section 22 of the same Act, which lays down the
wife is of a permanent nature and as such the wife has to prove her
is based. Only then the Court can grant a decree for a judicial,
Therefore, mere assertion of the wife that she is not ready to live
the case shall stand remanded to the learned Judge Family Court-I,
D.I.Khan who shall proceed with the case from the stage on which
of this order.
Announced.
Dt:14.9.2020
Hasnain/*
JUDGE
JUDGE
(D.B)
Hon’ble Mr. Justice Abdul Shakoor
Hon’ble Mr. Justice Sahibzada Asadullah