P L D 2024 Peshawar 25
Suit for dissolution of marriage and recovery of dower ( ten tolas gold ornaments and one - third share of the house ) --- Dower , dispute over --- Jurisdiction of the Family Court --- Scope --- Actionable claim --- Scope --- Dower was claimed against the defendant / husband on the basis Kabeen Nama ( marriage - deed ) according to which the husband had bound down himself to give gold ornaments to his wife at the time of Nikah which would be the sole ownership of wife --- Family Court decreed the dower prayed for by the petitioner / plaintiff , which judgment and decree was maintained by the Appellate Court --- Contention of the petitioner / defendant that gold ornaments as mentioned in the Kabeen Nama ( marriage - deed ) was an actionable claim for which jurisdiction vested in the Civil Court --- Held , that the Kabeen Nama ( marriage - deed ) was admittedly a matrimonial document between the parties which was not such an independent contract which might be interpreted as an ' actionable claim ' within the contemplation of the provisions of the Transfer of Property Act , 1882 ( ' the Act 1882 ' ) --- Section 3 of the Act 1882 means a claim to any debt ( other than a debt secured by mortgage of immoveable property or by hypothecation or pledge of moveable property , or to any . beneficial interest in moveable property not in the possession , either actual or constructive of the claimant , which the Civil Court recognizes as affording grounds for relief , whether such debt or beneficial interest be existent , accruing , conditional or contingent --- Hence , the claim of wife for gold ornaments per marriage - deed , was a consideration of marriage for which the Family Court had the jurisdiction to adjudicate upon --- No illegality or infirmity was found in the impugned judgment passed by the Appellate Court
0 comments:
Post a Comment