K.A. Abdul Jaleel v T.A. Shahida (2003)

Muslim Law (Family Law II) · Family Courts

Facts.

After a divorce, a dispute arose over property between the former spouses; the question was whether a Family Court could hear it.

Issue.

Does a Family Court’s jurisdiction over “property disputes between parties to a marriage” survive the dissolution of that marriage?

Held.

The Supreme Court held that the Family Courts Act must be construed liberally to advance its object; a Family Court has jurisdiction over property disputes between parties to a marriage even after the marriage is dissolved.

Why it matters.

It shows the wide, settlement-oriented jurisdiction of Family Courts — the core of the constitution-and-powers question.

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