West Pakistan Family Courts Act (XXXV of 1964)---
----S.5 & Sched---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for recovery of dower---Jurisdiction of Family Court---Family Court decreed suit, but Appellate Court dismissed the suit being not maintainable in Family Court---Validity---Section 5 of West Pakistan Family Courts Act, 1964 had granted exclusive jurisdiction to Family Court to adjudicate upon cases which were provided in Schedule attached to the Act and dower was one of subjects/items shown in that Schedule---To determine as to how much amount or property was given to the bride in lieu of dower, how much amount was settled to be paid, whether it was prompt or deferred and all such related questions were to be resolved by Family Court---Existence, nature, quantum and even the recovery of dower, all those polemical questions were to be considered to have been covered by S.5 of West Pakistan Family Courts Act, 1964 read with Schedule thereof and it could not be held that Family Court had got no jurisdiction to entertain or adjudicate said controversial questions with regard to dower---High Court accepting Constitutional petition declared judgment of Appellate Court below to be illegal and unlawful---Case was remanded to be decided afresh after granting opportunity of hearing to both parties, in circumstances.
Liaqat Ali v. Addl. District, Judge and 2 others 1997 SCMR 1122 ref.
Muhammad Akbar Sajid for Petitioner.
Ch. Ghulam Din Aslam for Respondent No.1.
Mst. MUSARRAT BIBI VS SHAH MUHAMMAD2005 M L D 706[Lahore]Before Sh. Hakim Ali, JMst. MUSARRAT BIBI---PetitionerversusSHAH MUHAMMAD and another---RespondentsW.P. No.3853 of 2004, decided on /01/.8th December, 2004.
ORDER
Mst. Mussarat Bibi, writ petitioner had filed a suit for recovery of dower amounting to Rs.500 and two acres of land allegedly gifted away by Shah Muhammad, respondent, the bridegroom, to her, the bride, in lieu of dower. In the plaint, Mst. Mussarat Bibi had claimed two acres of land to consist of her dower, while defendant Shah Muhammad, in para. No.4 of the preliminary objections of his written statement had denied the making of gift of two acres to Mst. Mussarat Bibi or delivery of its possession to her in lieu of dower. It was stated therein that the entries in Nikahnama were forged and fictitious, with regard to the above noted lands. The suit was decreed by the learned Judge Family Court on 27-1-2004 while appeal filed before learned Addl. District Judge, was accepted on 24-6-2004 and the suit relating to the claim of dower was dismissed by holding that the suit was not maintainable in the Family Court.
2.Petitioner's learned counsel submits that the land in dispute was granted in consideration of marriage as a dower, and it was well within the jurisdiction of the Family Court to determine the dower. He has referred to 1997 SCMR 1122 (Liaqat Ali v. Addl. District, Judge and 2 others),
3.Learned counsel appearing on behalf of respondent submits that only Rs.500 were fixed as dower and two acres of land entered and shown in the Nikahnama as dower was never given to the petitioner. The entries contained in Nikahnama have been interpolated and inserted thereafter and the learned Judge Family Court had no jurisdiction to decide it.
4.After considering the arguments and from the perusal of the record, it has been found that the writ petitioner has claimed two acres of land in lieu of dower, whereas the version of the respondent is that no such land was given to the petitioner in lieu of dower and that the entries in the Nikahnama were forged and fictitious and the result of interpolation. The question arises as to which learned Court, Civil or Family has to determine the above noted disputatious question. Section 5 of the West Pakistan Family Courts Act 1964 has granted exclusive jurisdiction to the learned Family Court to adjudicate upon the cases which are provided in theschedule attached to the Act. Dower is one of the subjects/items shown in that schedule. To determine as to how much the amount or property was given to the bride in lieu of dower, how much was settled to be paid, it was prompt or deferred and all these related questions are to be resolved by the learned Family Court, in other words the existence nature, quantum and even the recovery of the dower, all these polemical questions are to be considered to have been covered by section 5 read with that schedule of the Family Courts Act 1964. So, relying upon the above noted decisions, it cannot be held that Family Court has got no jurisdiction to entertain or adjudicate the above mentioned controversial questions. The judgment and decree passed by learned Addl. District Judge, is, therefore, declared to be illegal and unlawful, and the case is remanded to learned Judge Family Court concerned, who shall grant the opportunity of hearing to both the parties, if need be felt, may frame fresh issues if the case requires, allow the parties to produce their evidence if they desire and then to decide the same strictly on merits and in accordance with law.
H.B.T./M-829/LOrder accordingly.
West Pakistan Family Courts Act (XXXV of 1964)---
----S.5 & Sched---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for recovery of dower---Jurisdiction of Family Court---Family Court decreed suit, but Appellate Court dismissed the suit being not maintainable in Family Court---Validity---Section 5 of West Pakistan Family Courts Act, 1964 had granted exclusive jurisdiction to Family Court to adjudicate upon cases which were provided in Schedule attached to the Act and dower was one of subjects/items shown in that Schedule---To determine as to how much amount or property was given to the bride in lieu of dower, how much amount was settled to be paid, whether it was prompt or deferred and all such related questions were to be resolved by Family Court---Existence, nature, quantum and even the recovery of dower, all those polemical questions were to be considered to have been covered by S.5 of West Pakistan Family Courts Act, 1964 read with Schedule thereof and it could not be held that Family Court had got no jurisdiction to entertain or adjudicate said controversial questions with regard to dower---High Court accepting Constitutional petition declared judgment of Appellate Court below to be illegal and unlawful---Case was remanded to be decided afresh after granting opportunity of hearing to both parties, in circumstances.
Liaqat Ali v. Addl. District, Judge and 2 others 1997 SCMR 1122 ref.
Muhammad Akbar Sajid for Petitioner.
Ch. Ghulam Din Aslam for Respondent No.1.
ORDER
Mst. Mussarat Bibi, writ petitioner had filed a suit for recovery of dower amounting to Rs.500 and two acres of land allegedly gifted away by Shah Muhammad, respondent, the bridegroom, to her, the bride, in lieu of dower. In the plaint, Mst. Mussarat Bibi had claimed two acres of land to consist of her dower, while defendant Shah Muhammad, in para. No.4 of the preliminary objections of his written statement had denied the making of gift of two acres to Mst. Mussarat Bibi or delivery of its possession to her in lieu of dower. It was stated therein that the entries in Nikahnama were forged and fictitious, with regard to the above noted lands. The suit was decreed by the learned Judge Family Court on 27-1-2004 while appeal filed before learned Addl. District Judge, was accepted on 24-6-2004 and the suit relating to the claim of dower was dismissed by holding that the suit was not maintainable in the Family Court.
2.Petitioner's learned counsel submits that the land in dispute was granted in consideration of marriage as a dower, and it was well within the jurisdiction of the Family Court to determine the dower. He has referred to 1997 SCMR 1122 (Liaqat Ali v. Addl. District, Judge and 2 others),
3.Learned counsel appearing on behalf of respondent submits that only Rs.500 were fixed as dower and two acres of land entered and shown in the Nikahnama as dower was never given to the petitioner. The entries contained in Nikahnama have been interpolated and inserted thereafter and the learned Judge Family Court had no jurisdiction to decide it.
4.After considering the arguments and from the perusal of the record, it has been found that the writ petitioner has claimed two acres of land in lieu of dower, whereas the version of the respondent is that no such land was given to the petitioner in lieu of dower and that the entries in the Nikahnama were forged and fictitious and the result of interpolation. The question arises as to which learned Court, Civil or Family has to determine the above noted disputatious question. Section 5 of the West Pakistan Family Courts Act 1964 has granted exclusive jurisdiction to the learned Family Court to adjudicate upon the cases which are provided in theschedule attached to the Act. Dower is one of the subjects/items shown in that schedule. To determine as to how much the amount or property was given to the bride in lieu of dower, how much was settled to be paid, it was prompt or deferred and all these related questions are to be resolved by the learned Family Court, in other words the existence nature, quantum and even the recovery of the dower, all these polemical questions are to be considered to have been covered by section 5 read with that schedule of the Family Courts Act 1964. So, relying upon the above noted decisions, it cannot be held that Family Court has got no jurisdiction to entertain or adjudicate the above mentioned controversial questions. The judgment and decree passed by learned Addl. District Judge, is, therefore, declared to be illegal and unlawful, and the case is remanded to learned Judge Family Court concerned, who shall grant the opportunity of hearing to both the parties, if need be felt, may frame fresh issues if the case requires, allow the parties to produce their evidence if they desire and then to decide the same strictly on merits and in accordance with law.
H.B.T./M-829/LOrder accordingly.
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