-Suit for declaration and permanent injunction with regard to land given as dower--Maintainability-

 Citation Name: 2020 CLC 952
HIGH-COURT-AZAD-KASHMIRBookmark this Case
NIAZ AHMED VS Mst. MUSHARAF SHAHEEN

O. VII, R. 10---Specific Relief Act (I of 1877), Ss. 42 & 54---Azad Jammu and Kashmir Family Courts Act (XI of 1993), S.5, Sched.---suit for declaration and permanent injunction with regard to land given as dower--Maintainability---Plaint, return of---Plaintiff-wife filed a suit for declaration and permanent injunction regarding land given to her as dower---Trial Court returned the plaint for presentation before Family Court---Validity---Family Court had exclusive jurisdiction to entertain and adjudicate all the matters which fell within the Schedule of Azad Jammu and Kashmir Family Courts Act, 1993---If dispute was between the spouses then Family Court was the right forum but if it was between the spouses and third party with regard to property given in lieu of dower then Civil Court had jurisdiction to resolve the said controversy---Dispute, in the present case, was between the widow and the third party i.e. brothers and sisters of her deceased husband---Civil Court was the appropriate forum to decide the present matter--Impugned orders passed by the Courts below were set aside and suit was transferred to the Court of Senior Civil Judge for its decision on merits---Revision was allowed, in circumstances.