Pakistani Family Courts operate within a defined jurisdiction, primarily governing matters under the West Pakistan Family Courts Act, 1964. These courts lack authority over properties situated outside Pakistan. The principles governing this limitation are enshrined in various legal provisions, including the Code of Civil Procedure, 1908 (CPC), and judicial precedents that emphasize the territorial scope of Pakistani courts.
Jurisdictional Limitations of Family Courts in Pakistan
The West Pakistan Family Courts Act, 1964, provides the legal framework for family-related disputes. According to Section 1(2) of this Act, Family Courts in Pakistan entertain only those matters explicitly mentioned in its schedule. If a procedural lacuna arises, the courts may invoke the "General Principles of CPC" for justice determination, but only in cases where the Act itself lacks procedural guidance. This principle was upheld in PLD 2012 Lahore 392 (Lahore High Court).
The Supreme Court of Pakistan has firmly established that Pakistani courts lack jurisdiction over foreign properties. In PLD 2016 Supreme Court 174, the Court held:
"The consideration of the substantive position under the municipal law of Pakistan leads us to the conclusion that the courts in Pakistan lack the jurisdiction to adjudicate upon foreign property in terms of the provisions of sections 16-20, C.P.C. (The Code of Civil Procedure, 1908)."
Further elaborating on this principle, the Court stated:
"The courts of Pakistan could only take cognizance in relation to the immovable property situated in Pakistan subject to the limitations prescribed in section 16 of the C.P.C --- there is no legal justification for the courts in Pakistan to assume jurisdiction over any property, movable or immovable, situated in England." (PLD 2016 Supreme Court 174, Para No. 17)
The Sindh High Court further reinforced this precedent in PLD 2019 Sindh 130, stating:
"The crux of the dictum laid down by the Honourable Supreme Court in (PLD 2016 Supreme Court 174) Ramzan case is that it is a settled rule of Private International Law that for an immovable property, the law of the place where the immovable property is situated will be applicable, that is, lex situs, whereas for a movable property, the governing law will be lex domicilii, that is, where the deceased had resided. While holding that Pakistani Courts will have no jurisdiction in respect of the properties which are outside Pakistan, they will only have jurisdiction to adjudicate upon those properties and issues arising therefrom that are situated within the territorial limits of Pakistan. The above decision is supported by the longstanding doctrine of judicial comity as well as the respect shown to the sovereignty of other countries." (PLD 2019 Sindh 130; PLD 1960 SC 229)
The Supreme Court of Pakistan, in another reported case, reaffirmed this position:
"Even if the suit was not barred by section 16, and the Pakistani Courts could not assume jurisdiction in relation to property in India, since no effective decree could be passed by the Civil Court, their jurisdiction must be held to be barred by necessary intendment." (PLD 1960 SC 229)
Recognition and Enforceability of Foreign Family Court Orders Concerning Property in Pakistan
Orders issued by Family Courts in England and Wales concerning properties located in Pakistan may be recognized and enforced in Pakistan under certain conditions. The enforcement of such foreign judgments falls under Section 13 of the CPC, which states that a foreign judgment is conclusive unless:
The judgment was not pronounced by a court of competent jurisdiction.
It was not given on the merits of the case.
It appears on the face of the proceedings to be based on an incorrect view of international law or a refusal to recognize Pakistani law.
The proceedings are opposed to natural justice.
The judgment was obtained by fraud.
It upholds a claim founded on a breach of any Pakistani law in force.
Pakistani courts will only recognize and enforce foreign court orders concerning properties in Pakistan if they are consistent with the laws of Pakistan and Islamic legal principles. Any order that contradicts these legal standards will not be enforceable.
Conclusion
Pakistani Family Courts have no jurisdiction over immovable properties located outside Pakistan. Judicial precedents and statutory provisions firmly establish that any litigation concerning foreign properties must be initiated in the jurisdiction where the property is located. However, if a foreign court issues an order related to a property within Pakistan, its enforceability depends on compliance with Pakistani legal principles. Therefore, parties dealing with cross-border family disputes must seek proper legal guidance to navigate these jurisdictional limitations effectively.