Citation Name : 2012 PLD 133 QUETTA-HIGH-COURT-BALOCHISTAN Side Appellant : MUHAMMAD ISHAQ Side Opponent : Mst. ANIQA BATOOL
Ss. 39, 42 & 54---West Pakistan Family Courts Act (XXXV of 1964), S.5, Sched & S.20---Muslim Family Laws Ordinance (VIII of 1961), S.5---Civil Procedure Code (V of 1908), S. 9---Suit for declaration, cancellation of alleged marriage deed and permanent injunction---Deed and its affidavit bearing signatures of plaintiff regarding performance of her marriage with defendant were alleged by her to have been got executed by him fraudulently on pretext of publishing same in a Urdu Magzine while she was being tutored by him; and that defendant later on with ulterior motive converted such documents into a marriage deed in order to claim her to be his legally wedded wife---Defendant's objection was that jurisdiction to cancel such documents and grant declaration as prayed for vested only in Family Court and not civil court--Validity---Existence of marriage between Muslim spouses could be established only by "nikahnama " showing performance of "Nikah" between them---Provision of S. 5 of Muslim Family Laws Ordinance, 1961 required registration of "nikahnama "---Documents in question were in respect of an agreement for performance of marriage and had no bearing on fact of existence of a valid marriage between the parties, thus, same would not be deemed to be a "nikahnama "---Only civil court had jurisdiction to entertain such suit and grant decree prayed for---Objection of defendant was overruled by cirumstances.
