Law: Family Courts Act, 1964

Section: 5,Sched

Law: Muslim Family Laws Ordinance, 1961

Section: 10

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched---Muslim Family Laws Ordinance (VIII of 1961), S.10---Dower, its meaning, and origin---Right of wife to recover dower and cases in which such right would be extinguished, stated. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Muslim Family Laws Ordinance (VIII of 1961), S.10---Dower---Dower paid and snatched by husband---Dower would remain as dower, neither it would undergo any change nor it would be transformed into a civil liability in case it was snatched or taken back-forcibly from wife by husband---Neither Muslim Family Laws Ordinance, 1961 nor provisions of West Pakistan Family Courts Act, 1964 had provided either impliedly or expressly that when dower paid was snatched by husband then for its retrieval, wife would have to make recourse to the civil court---Dower paid to wife and snatched by husband would automatically restore his liability to repay same and it would remain as a dower due to wife, triable by Family Court alone---Once dower was paid, then it would become the property of wife as her complete domain was established over it---Act of its snatching would amount to the disposal of her property and Family Court alone would have jurisdiction to take cognizance for the recovery of the same---Appellate Court had committed legal error by refusing. to exercise jurisdiction vested in it with regard to dower---Impugned and decree reversing and decree of Family Court with regard to recovery of dower and directing plaintiff to have recourse to Civil Court for its recovery was held to be without lawful authority---Impugned and decree of Appellate Court, was set aside and it was directed to decide entire case/appeal on merits. Allauddin Arshad's case 1984 CLC 3369, 401 distinguished. (c) Interpretation of statutes--- ----Court would strive in search of the construction which would advance cause of justice by providing relief to a party entitled to it and to suppress mischief of denying such right on the ground of unnecessary technicality---Once Tribunal of exclusive jurisdiction was established/constituted for the trial of particular cases/disputes, then, in…

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