It has been observed in the case reported as “Muhammad
Anwar and another v. Additional District Judge, Lahore(Miss
Uzma Akhtar Chughtai) and 2 others”(2003 YLR 365) as under:-
“Term ‘party’--- Connotation—Term ‘party’ is not confined
only to the spouses but its meanings are wider in sense—If
there is a suit for recovery of dowry articles and the dowry
articles are in the custody of father of husband then even in
lifetime of the husband, his father may also be impleaded as a
party as the presence of the father may be considered
necessary for a proper decision of the dispute. Since the
dowry articles are exclusively in the ownership of wife and
same are also recoverable even after the death of the husband
then whosoever in possession of such articles may be
impleaded as a party as due to the death of the husband the
responsibility of the legal heirs for return of dowry articles is
not vanished---When the suit for recovery of dowry articles is
within exclusive jurisdiction of Family Court, it is to be
finally disposed of by the Family Court.”
Lahore High Court
Writ Petition-Family-Maintenance
1216-17
2017 LHC 2413
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