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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 in circumstances.
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