Column No. 17 of Nikah Nama as it falls out of ambit of Section 5 and Schedule of West Pakistan Family Courts Act, 1964.

14. In the present case as per record 5-tolas gold ornaments are mentioned in column No. 17 of the Nikah Nama (Ex. PI) and in column No. 16 of the Nikah Nama it is clearly mentioned that no property was given in lieu of dower. Therefore, the alleged claim of respondent No. 3 that 5-tolas gold ornaments were mentioned in the Nikah Nama as consideration for dower remains unproved. It has been clearly held in the above referred precedent case that the learned Family Court has no jurisdiction to decide the claim of wife regarding any amount or property mentioned in column No. 17 of Nikah Nama as it falls out of ambit of Section 5 and Schedule of West Pakistan Family Courts Act, 1964. Therefore, in these circumstances, I am of the considered view that the learned trial Court as well as the learned appellate court have not considered this aspect of the matter and the suit of respondent No. 3 for the claim of 5-tolas gold ornaments has been illegally decreed by the learned courts below. The judgments referred by learned counsel for respondent No. 3 reported as (1) “Mst. Razia Begum Vs. Jang Baz and 3 others” ( 2012 CLC 105), “Mst. Ghulam Shaheena Vs. Judge, Family Court” (2010 CLC 87), and “Liaquat Ali Vs. Additional District Judge, Narowal and 2 others (1997 SCMR 1122), are not applicable in this case as in the referred cases the property was given to the wife as dower, whereas, in the present case 5-tolas gold ornaments are mentioned in column No. 17 of the Nikah Nama and the same were not given to respondent No. 3 in lieu of dower. Hence, findings of learned trial Court as well as learned appellate court for passing the decrees regarding 5-tolas in favour of respondent No. 3 are not sustainable under the law. Resultantly, I reversed the findings of both the courts below on issue No. 1 and decide the same against respondent No. 3.  

Part of Judgment : 
LAHORE HIGH COURT MULTAN BENCH, MULTAN 
WP- Family Law
11586-13
2015 LHC 3917

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