NAJMA SADEQUE RASOOL vs MUNIRA HAMID RASUL AND Anoth3rs — 1973 PCRLJ 98

Citation: 1973 PCRLJ 98

Court: Sindh High Court

Year: 1971

Decision Date: 1971-09-19

Parties: NAJMA SADEQUE RASOOL vs MUNIRA HAMID RASUL AND Anoth3rs

Headnotes

Case cited as 1973 PCRLJ 98

Judgment Text

Court Name: Sindh High Court Judge(s): Imdad Ali H. Agha Title: NAJMA SADEQUE RASOOL vs MUNIRA HAMID RASUL AND Anoth3rs Case No.: Criminal Miscellaneous Application No. 386 of 1971 Date of Judgment:1971-09-19 Reported As: 1973 P Cr. L J 98 Result: Petition dismissed JUDGMENT JUDGMENT IMDADALLY H. AGHA, J.-This is a criminal petition under section 491 of the Code of Criminal Procedure. It came up today for hearing after it was admitted to regular hearing earlier. But today no one appeared on behalf of the petitioner nor the petitioner herself is present. However, the learned Advocate----General who was given a notice to appear in this case has appeared and counsel for the respondents Mr. Shaikh Mir Muhammad has also appeared. The learned Advocate-General has invited my attention to section 5 of the West Pakistan Family Courts Act, 1964 which is as follows "5. Jurisdiction: Subject to the provisions of the Muslim Family Laws Ordinance, 1961, and the Conciliation Courts Ordinance, 1961, the Family Courts shall have exclusive jurisdiction to entertain, hear and adjudicate upon matters specified in the Schedule." 3. It will be noticed that this section gives exclusive jurisdic--tion to Family Courts for those matters which are specified in the Schedule to the Act. The Schedule of the Act speaks of custody of children, therefore, the Family Courts have special an exclusive jurisdiction to deal with the matter concerning the custody of children. The present petition is also…

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