Law: Family Courts Act, 1964

Section: 5,Sched

Law: Family Courts Act, 1964

Section: 5,Sched

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5, Sched.---Constitution of Pakistan, Art.199---Constitutional petition---Jurisdiction of Family Court---Expression "personal property and belongings of the wife"---Scope---Suit for recovery of maintenance, dower and a certain amount of money which was stipulated in the Nikkahnama as an amount that husband was to pay the wife in case he turned her out of the house or pronounced divorce upon her---Suit was decreed concurrently---Contention of the husband (petitioner) was that condition stipulating payment of certain amount to wife in case he turned her out of the house or divorced in the Nikkahnama was against the basic principles of law and could not be enforced by the Family Court---Validity---Said amount was neither a part of dower nor amounted to personal property of wife , therefore, claim in such regard did not fall within the jurisdiction of the Family Court---Family Court could not adjudicate on the matter as it was purely of a civil nature and fell within the jurisdiction of the civil court---Decree of the Family Court to such extent was not sustainable and was set aside---Constitutional petition was allowed, accordingly. 2008 SCMR 186; 2009 MLD 671; 2007 Lah. 515 and PLD 2004 Lah. 588 ref. Syed Athar Hassan Bukhari for Petitioner. Ch. Pervaiz Akhtar Gujjar and Malik Ghulam Muhammad Langrial for Respondent No.3. ORDER RAUF AHMAD SHEIKH, J.--- The petitioner has assailed the vires of judgment and decree, dated 16-10-2006 passed by the learned Judge Family Court, Vehari, whereby a suit for maintenance, recovery of gold ornaments weighing 5-tolas as dower, a sum of Rs.5,00,000/- under Condition No.19 of the "Nikahnama" and maintenance @ Rs.12,000/-- per month w.e.f. 7-5-2005 till expiry of period of "Iddat" was decreed against him and in favour of respondent No.3 and also the judgment and decree dated 7-7-2007 passed by the learned District Judge, Vehari, whereby an appeal filed by him, was dismissed. 2. The facts in brief as emerged on perusal of the record are that the respondent No.3 filed a suit for recovery of gold ornaments weighing 5-tolas, a sum of Rs.5,00,000/- as per entry in Column No.19 of…

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