Declaratory suits of any nature, or any other civil litigation between a wife and husband shall be amenable to the special jurisdiction of the family Court, which is not intent of the law.

The Hon‟ble Supreme Court of Pakistan resolved this conflict in a judgment reported as PLD 2011 SC 260 by approving the case of Mohammad Akram (supra) in the following manner:- 

“Thus the interpretation of entry No.9 ibid as provided by Mohammad Akram v. Mst. Hajra Bibi and 2 others (supra) is the correct explication of law, which is hereby approved. However adding thereto, it may be held that if the ratio of Nasrullah dictum (supra) which is entirely and solely founded on the noted concept/definition is taken to be correct, than a suit for Specific Performance, declaratory suits of any nature, or any other civil litigation between a wife and husband shall be amenable to the special jurisdiction of the family Court, which is not intent of the law.” (emphasis added) 

Part of Judgment : 

JUDGMENT SHEET IN THE ISLAMABAD HIGH COURT, ISLAMABAD 

Writ Petition-219-2020 | -

Author:
Honourable Mr. Justice Fiaz Ahmad Anjum Jandran