‘Family Court, jurisdiction of---Words “personal property and belonging of the wife”

‘Family Court, jurisdiction of---Words “personal property and belonging of the wife”---Scope---Civil Procedure Code, 1908---Applicability---Damages, recovery of---Parties entered into agreement stipulating that in case husband would divorce the wife, then he was obliged to pay a sum of Rs.100,000/- as damages to her---Validity---West Pakistan Family Courts Act, 1964, was special law meant to cater for specific object and special kind of cases strictly covered by items mentioned in Sched. Thereto---Civil Courts were the courts of inherent and plenary jurisdiction competent to adjudicate all disputes of civil nature between litigating parties but such jurisdiction in terms of S.9, C.P.C. had been ousted either expressly or by necessary implication--- In order to evaluate whether such jurisdiction had been taken away, the special law under which it was so done, must not only be strictly construed but also be accordingly applied---If provisions of S.5 of West Pakistan Family Courts Act, 1964, were read with the entries of the Schedule, there was no confusion or ambiguity about cases falling within item No.1 to 8 thereto while entry No.9 was incorporated by way of amendment----Words “personal property and belonging of wife” as appearing in item 9 of Sched. to West Pakistan Family Courts Act, 1964, could not be interpreted to mean that suit for specific performance, declaratory suits of any nature or any other civil litigation between wife and husband was amendable to special jurisdiction of Family Court, as such was not the intent of law----According to literal approach of reading a statute, the statute had to be read literally by giving the words used therein, ordinary, natural and grammatical meaning---Addition and subtraction of a word in a statute was not justified, except where for interpretation thereof principle of reading in and reading down could be pressed into service in certain cases---When in entry No.9, of Sched. to West Pakistan Family Courts Act, 1964, “actionable claim” had not been provided by legislature, it would be improper and was impinge upon the legislative intent and rules of interpretation to add such expression to the clause/entry---Judges and decrees passed by all Courts below in favour of wife were set aside and her suit was dismissed…….”.

PLD 2007 Lahore 515

Used In Judgment of:
Lahore High Court
WP- Family Law
1633-08