NAEEM AHMAD versus NUZHAT ALMAS

The Section 5 Act applies not only to Muslims but also to non-Muslims (including Qadiani :) The Family Court has the power to decide on the Dwyer case.

1981 C L C 195

[Lahore]

Before Zakiuddin Pal, J

NAEEM AHMAD‑Petitioner

versus

Mst. NUZHAT ALMAS AND 2 OTHERS‑Respondents

Writ Petition No. 10255 of 1980, decided on 4th October 1930.

(a) West Pakistan Family Courts Act (XXXV of 1964)‑

S. 5‑‑Act, not only applicable to Muslims but also to non‑Muslims (including Qadianis:)‑Family Court possesses jurisdiction to decide matter of dower.

Mrs. Daphne Juseph v. Malik Eric Poshan Khan P L D 1971 Kar. 887 and Gasper, v. Jaw; j r and another 1976 P Cr. i. J 307 fol.

(b) Constitution of Pakistan (1973)‑

Art. 199‑Writ‑‑Finding of fact‑held, cannot be interfered with in writ proceedings.‑ ‑‑[Finding of fact].

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