MUZAFFAR NAWAZ vs ISHRAT RASOOL S — 2022 YLR 1920 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 YLR 1920 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: YLR
Parties: MUZAFFAR NAWAZ vs ISHRAT RASOOL S
Subject matter: Criminal
Provisions referred to: S. 6---F; S. 20; S. 5; S. 6; Family Courts Act (XXXV of 1964); Family Courts Act; Muslim Family Laws Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUZAFFAR NAWAZ VS ISHRAT RASOOL S. 6---Family Courts Act (XXXV of 1964), Ss. 20 & 5, Sched.---Constitution of Pakistan, Art. 175--- Establishment of Family Courts---Object--- Family Court as Judicial Magistrate---Jurisdiction of Family Court---Establishment and jurisdiction of Courts---Scope---Intention of legislature reflective from S. 20 of the Family Courts Act, 1964, is to hold all family affairs under an umbrella so that sanctity of family affairs and dignity of spouses should be saved from public exposure in ordinary Courts---Word "exclusive" used in S. 5 of the Family Courts Act, 1964, makes it vividly clear that no other Court can assume jurisdiction in respect of provisions of Muslim Family Laws Ordinance, 1961, except the Court constituted under the Family Courts Act, 1964---Only Family Court can assume jurisdiction in some offences of P.P.C. as mentioned in Part II of the Schedule, if committed against the spouses---Reason being that under S.20, Family Courts Act was authorized to act as Magistrate of First Class under the Code of Criminal Procedure---Article 175(2) of the Constitution in clear terms provides that no Court shall have any jurisdiction save as is or may be conferred on it by the Constitution or by or under any law---Offence under S. 6(5) of Muslim Family Laws Ordinance, 1961, would be tried by Family Court constituted under Family Courts Act, 1964.

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