309/2019 Const. P. Rashid Ali Noonari (Petitioner) V/S Mst Zoya & another (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Junaid Ghaffar(Author)
309/2019 Const. P. Rashid Ali Noonari (Petitioner) V/S Mst Zoya & another (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Junaid Ghaffar(Author) Order Date: 21-JAN-22
1. A supreme court judgment, though later in time, is not binding if it has not considered an earlier view of a bench of co-equal strength; nor has referred the matter for constitution of a larger bench. The earlier view will be the binding precedent till such time it is in the field. 2. Family court has no jurisdiction under clause 9 of Schedule to Section 5 of the Family Court Acts, 1964 in cases of enforcement of clause 18 and 19 of the Nikahnama which are dependent on the happening of or related to KHULA or DIVORCE. It vests in the ordinary courts as settled by the Supreme Court in the case of Mukhtar Hussaid Shah (PLD 2011 SC 260) A supreme court judgment, though later in time, is not binding if it has not considered an earlier view of a bench of co-equal strength; nor has referred the matter for constitution of a larger bench. The earlier view will be the binding precedent till such time it is in the field.