Law: Family Courts Act, 1964

Section: 5,Part-I, Schedule

Law: Family Courts Act, 1964

Section: 5,Part-I, Schedule

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5 & Sched. Entry No. 9 of Part-I---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Gold ornaments, recovery of---Words "personal property and belongings of a wife"---Scope---Suit was filed by wife against her husband, for recovery of gold ornaments---Family Court dismissed the suit on the ground that matter was of civil nature---Lower Appellate Court allowed the appeal and decreed the suit in favour of wife---Plea raised by husband was that appeal before Lower Appellate Court was not competent as no court fee was affixed by wife---Validity---Family Court had jurisdiction under S.5 of West Pakistan Family Courts Act, 1964, to entertain, hear and adjudicate upon matters specified in Part-I of the Schedule to West Pakistan Family Courts Act, 1964, while the Schedule had specified "personal property and belongings of a wife" in respect of which a family suit could be brought---Witness for husband did not state that gold ornaments were with wife but stated in his examination-in-chief that he did not know in whose possession the gold ornaments were lying---Such testimony of husband's witness was crucial and tilted balance in favour of finding that gold ornaments were with husband---No illegality or irregularity was found in and decree passed in favour of wife to call for interference of High Court in exercise of Constitutional jurisdiction---Petition was dismissed in circumstances. Zafar Iqbal Chohan for Petitioner. ORDER ASAD MUNIR, J.--- As appears from the record, on 14-6-2003 respondent No.1 filed against the petitioner a family suit for the recovery of gold ornaments, weighing 20 tolas, out of which 10 tolas were stated to have been given by her parents while 10 tolas were claimed to have been gifted to her by the petitioner at the time of marriage. On 24-9-2003, the petitioner filed his written statement wherein an objection was taken to the effect that the Judge Family Court had no jurisdiction to try the suit as it was not a family suit. Accordingly, a preliminary issue was framed which was decided in favour of the petitioner vide order dated 17-11-2003, passed by the…

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