Case Law (Undertaking given in the "Nikah Nama" that certain property/land shall be transferred in the name of the wife and she would be exclusive owner of the same)

 P L D 2016 Supreme Court 613

(a) Family Courts Act (XXXV of 1964) ---

----S. 5, Sched.---Family Court, jurisdiction of---Undertaking given in the "Nikah Nama" that certain property/land shall be transferred in the name of the wife and she would be exclusive owner of the same---Such an undertaking could be construed as a part of dower or a gift to wife in consideration of marriage therefore, it would fall within the exclusive domain of the Family Court to pass a decree in relation to such property/land.

(b) Family Court Rules, 1965 ---

----R. 6---Family Courts Act (XXXV of 1964), S. 17 --- Civil Procedure Code (V of 1908), Ss. 16 to 20---Family Court---Territorial jurisdiction---"Court within the local limits of which the wife ordinarily resides"---Family Court alone had exclusive jurisdiction to deal with all the matrimonial disputes, whatever their nature, irrespective of territorial jurisdiction, provided that the Family Court where the wife resides shall have the jurisdiction to entertain such suits/claims---Provisions of Ss.16 to 20, C.P.C. stood excluded from the proceedings before the Family Court, thus, the question of its territorial jurisdiction would never arise, provided that the Family Court where the wife resides, shall have the exclusive jurisdiction over all such matters.

(c) Constitution of Pakistan ---

----Art. 185(3)---Supreme Court Rules, 1980, O. XIII, R. 1---Family Courts Act (XXXV of 1964), S. 5, Sched.---Petition for leave to appeal---Barred by time---Condonation of delay---Petitions raising matters of public importance---Petitions for leave to appeal, in the present case, were barred by 2 and 4 days respectively, however, keeping in view the important law points of public importance involved therein including right to dower, dowry articles and maintenance, which could not be lightly ignored, the delay of 2 and 4 days respectively, in filing petitions was condoned.

Muhammad Waseem Shahab, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner.

Saleem Ullah Ranazai, Advocate Supreme Court and Mehmood A. Sheikh, Advocate-on-Record for Respondents.

Date of hearing: 28th April, 2016.

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