SANA JAMALI vs MUJEEB QAMAR S — 2023 SCMR 316 SUPREME-COURT

Case information

Citation: 2023 SCMR 316 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: SANA JAMALI vs MUJEEB QAMAR S
Subject matter: Civil
Provisions referred to: S. 14---C; Family Courts Act; Maintainability---Family Courts Act

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

SANA JAMALI VS MUJEEB QAMAR S. 14---Constitution of Pakistan, Art. 199---Exhaustion of remedies, doctrine of---Scope---Constitutional petition filed before the High Court to challenge a decree of Family Court instead of resorting to the remedy of appeal provided under section 14 of Family Courts Act, 1964---Maintainability---Family Courts Act, 1964 is a special law which provides various legal remedies and the intention of the legislature for creating such remedies is that disputes falling within the ambit of such forum be taken only before it for resolution and bypassing or circumvention of the forums is not permissible under the command of Article 199(1) of the Constitution which confers jurisdiction on the High Court only when there is no adequate remedy available under any law---Where an adequate forum is fully functional, the High Court must not interfere and must relegate the parties to seek remedy before the special forum created under the special law---Doctrine of exhaustion of remedies prevents a litigant from chasing a remedy in a new court or jurisdiction until the remedy already provided under the law is exhausted.

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