Maintenance
The Family Courts
Ordinance, 1985 has not ousted the jurisdiction of a Magistrate to exercise
power under section 488 Cr.P.C. The provision of the Family Courts Ordinance,
1985 are applicable not only to the Muslim Community but also to other
communities as well. Meher Negar Vs. Md. Mojibur Rah- man, 14 BLD (HCD) 467
Ref: 42DLR(HCD)450; PLD 1969(SC) 187, SCMR(Vol. IV) 1971 Page 150: 14 BLD (HCD)
415 Cited
Maintenance
Section 5 of the Family
Courts Ordinance, 1985 gives exclusive jurisdiction to the Family Court to try
any suit for maintenance. An application for maintenance under section 488 of
the Code of Criminal Procedure is not a suit and as such the provisions of the
Family Courts have not taken away the power of the Magistrate to order for
maintenance under Section 488 Cr.P.C. Zinnatan Nessa Vs. Md. Kaloo Mia,
15BLD(HCD) 545 Ref: 14 BLD 467- 47 DLR 18-Cited
Maintenance
Section 3 of the Family
Courts Ordinance, 1985 envisages that notwithstanding anything contained in any
other law the provisions of this Ordinance shall apply to cases filed under
this Ordinance.
A relief provided in an Act
cannot be taken away by implication simply because similar relief has been
provided in a subsequent Act without repealing the provision for relief in the
previous Act. The power of the Magistrate to act under section 488 Cr.P.C. has
not been taken away by promulgation of the Family Courts Ordinance. Rezaul
Karim Vs. Rashida Begum and another, 16BLD(HCD)181 Ref: 47DLR 18: 1971 SCMR
150; PLD 1969 (SC) 187; 42 DLR 450-Cited
Maintenance
The combined effect of the
provisions of sections 3, 4, 5 and 27 of the Family Courts Ordinance, 1985 is
that the jurisdiction of the Magistrates in dealing with matters contained in
section 488 of the Code is ousted after the coming into operation of the Family
Courts Ordinance, 1985 Pachan Rissi Das Vs. Khuku Rani Dasi and others,
17BLD(HCD) 563 Ref: AIR 1961 (SC) 1152: 14BLD415; 14BLD413: 47 DLR18; 21DLR
(1969)123; PLD 1984 (SC) 95: PLD 1984 (SC) 95; PLD 1971 (Karachi) 887; 42 DLR
450; PLD 1969 (SC)187-Cited
