-Recovery of Dowry articles of the deceased lady---Petitioner being sister of the deceased filed suit for recovery against the widower of her deceased sister---Locus standi--

 2023 MLD 92

Ss. 2(d) & 5, Sched.---Recovery of Dowry articles of the deceased lady---Petitioner being sister of the deceased filed suit for recovery against the widower of her deceased sister---Locus standi---Petitioner contended that determining factor for invoking the jurisdiction was the subject-matter of the suit and not the party who had brought the lis; that she was the successor of the deceased and was entitled to inherit 1/2 of the share from the property of her deceased sister---Held, that perusal of the Schedule attached to the Family Courts Act, 1964, transpired that it did not empower family court to adjudicate upon a claim of a party qua his/her right of inheritance or tarka---Determination of share in the estate/tarka of deceased or its distribution did not fall within the jurisdiction of the Family Court---Petitioner's suit was not maintainable as she had no locus standi to approach the Family Court---Petitioner needed to approach the Civil Court of competent jurisdiction

5---Locus Standi---Exceptions---Jurisdiction of the Family Court was circumscribed and was restricted to the matters mentioned in the Schedule---Family Courts were established for "expeditious settlement" and "disposal of disputes" arising out of "marriage" which were between the "spouses" and the "family affairs" which were outcome of marriage---Two exceptions to the question of locus standi were created in the cases of guardianship in which the paramount consideration was the welfare of minors; and in cases where the parents of a deceased daughter would sought recovery of Dowry articles since they were the ones who had given those articles to the deceased.