Law: Civil Procedure Code (V of 1908)

Section: VII,Rule11,X,Rule2

Law: Family Courts Act, 1964

Section: 5

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched. Civil Procedure Code (V of 1908), O.X, R.2---Constitution of Pakistan, Art.199---Constitutional petition---Suit for recovery of gold ornaments and personal property and belongings of wife---Plaintiff sought decree to the effect that she had become owner of the house, car, gold ornaments and half of the landed property of the defendant on the basis of Iqrarnama signed by defendant---Trial Court ordered plaintiff to pay the court fee holding that matter involved civil liability, so plaintiff's claim could not be entertained---Appellate Court setting aside the order of Trial Court remanded the case with direction to examine the parties under O.X, R.2, C.P.C.---validity---As per Schedule to the West Pakistan Family Courts Act, 1964, matters relating to dower, maintenance allowance, dowry as well as the personal property and belongings of wife fell within the jurisdiction of Judge, West Pakistan Family Courts Act, 1964---Though the conditions of the Iqrarnama were not mentioned in the Nikahnama yet defendant husband had admitted to the execution of the Iqrarnama in question, albeit, under certain compulsions---Matter involved question of fact to be proved or disproved by the parties through the evidence---Courts below did not exercise the jurisdiction vested in them in accordance with law---Constitutional petition was allowed---Impugned orders were set aside---Case was remanded to Trial Court with direction to frame the issues and record evidence and dispose of the matter in accordance with law. Syed Abbas Taqi Mehdi v. Mst. Sayeda Sabahat Batool and others 2010 SCMR 1840; Mst. Zubaida Bibi and others v. Mst. Majidan and another 1994 SCMR 1978; Mst. Mumtaz Bibi alias Taj Khatoon v. Saifullah and 3 others 2004 YLR 700; Mst. Jameela Begum v. Addl: District Judge. and 3 others 2005 MLD 376; Karachi Metropolitan Corporation , Karachi and another v. Raheel Ghayas and 3 others PLD 2002 SC 446; Mst. Mussarat Bibi v. Shah Muhammad and another 2005 MLD 706;. Asia v. Abdul Rehman and another 1994 CLC 1388; Sifat Aizdi v. Dr. Saima Bashir PLD 2008 Pesh. 111; Mst. Ghulam Shaheena v. Judge Family Court 2010…

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