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| 2026 clc 740 |
⚖️ سول کورٹ میں نکاح نامہ منسوخی کا دعویٰ، فیملی کورٹ کی کارروائی نہیں روک سکتا
✦ مقدمہ کا پس منظر ✦
✦ ہائی کورٹ نے کیا قرار دیا؟ ✦
✦ قانونی اصول ✦
✦ اہم نظائر ✦
Must read judgment.
2026 CLC 740
[Lahore (Multan Bench)]
Before Malik Muhammad Awais Khalid, J
HURAIR ASIF ---Petitioner
Versus
SENIOR CIVIL JUDGE/JUDGE FAMILY COURT and 2 others-Respondents
Writ Petition No. 3657 of 2025, decided on 3rd April, 2025.
Family Courts Act (XXXV of 1964)
-S.5. Sched.-Constitution of Pakistan, Art.199---Constitutional petition Petitioner seeking stay of pending family court proceedings (dower/maintenance) pending decision of civil declaratory suit---Family Courts Act being a special law---Primacy over general law---Scope and effect---Brief facts were that the petitioner filed a constitutional petition seeking (i) setting aside of the proceedings pending before the family court to the extent of dower, and/or (ii) stay of the said family court proceedings for recovery of dower and maintenance allowance (instituted by respondents Nos. 2 and 3) till decision of a declaratory suit pending before the civil court--The case before the family court was at the trial stage in which the petitioner had already filed written statement and issues had been framed-Held: The Family Court Act, 1964, being a special law was enacted with a specific purpose to precede expeditious settlement and disposal of dispute regarding marriage and family affairs and also matters connected there to and purpose of special law was advancement of justice and to avoid technicalities which were hindrance in ultimate justice. between the parties-The special law always prevailed over provisions of general law to the extent of any conflict or inconsistency between the two---In the present case, the proceedings before the family court could not be stayed only on the ground that petitioner had filed declaratory suit for cancellation of Nikahnama---Present constitutional petition was dismissed in limine, in circumstances.
State Life Insurance Corporation of Pakistan through Chairman and others v. Mst. Sardar Begum and others 2017 SCMR 999 ref.
The Lahore Polo Club through Secretary v. Additional District Judge and 3 others 2018 CLD 1214 and Tariq Hussain Shah v. Additional District Judge, Sahiwal and another 1996 CLC 672 ref.