Entitled to recover the same as per condition mentioned in column No. 17 of the Nikah Nama.

13. Now I advert to the legal objection raised by the learned counsel for the petitioner that the learned Judge Family Court was not competent to decide the claim of respondent No. 3 for recovery of 5-tolas gold ornaments mentioned in column No. 17 of the Nikah Nama. He has placed reliance on judgment of this Court reported as “Muhammad Awais Vs. Mst. Zahida Parveen” (PLD 2012 Lahore 38). In the referred judgment one Mst. Zahida Parveen instituted a suit for recovery of gold ornaments valuing Rs. 2,00,000/- in the Family Court at Okara against the defendant alleging therein that she is entitled to recover the same as per condition mentioned in column No. 17 of the Nikah Nama. Her suit was dismissed by the learned Judge Family Court with the observations that the matter was not triable by a Family Court. Thereafter, the appeal filed by Mst. Zahida Parveen was accepted by the learned Appellate Court and the case was remanded to the learned Judge Family Court for fresh trial. Muhammad Awais husband of Mst. Zahida Parveen filed W.P. No. 16081 of 2010 before this Court which was accepted by this Court in view of the dictum laid down by the Hon’ble Supreme Court of Pakistan in the case titled as “Syed Mukhtar Hussain Shah v. Mst. Saba Imtiaz and others” (PLD 2011 Supreme Court 260), and resultantly, judgment of learned Additional District Judge was set aside and the judgment recorded by the learned Judge Family Court, Okara was restored whereby he had dismissed the suit of Mst. Zahida Parveen on the point of jurisdiction.

Part of Judgment : 

LAHORE HIGH COURT MULTAN BENCH, MULTAN 

WP- Family Law

11586-13

2015 LHC 3917