Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched.---Constitution of Pakistan, Art. 199---Constitutional petition---Suit for recovery of dower i.e. landed property incorporated in column No. 16 of Nikah Nama---Jurisdiction of Family Court---Scope---Column No. 16 of Nikah Nama would pertain to the adjustment made between the parties in lieu of dower---Landed property mentioned in the Nikah Nama was given to the wife in lieu of dower and same was incorporated in column No. 16 of Nikah Nama---Said property had become personal property of the wife---Said matter was in exclusive jurisdiction of Family Court---Findings of Appellate Court were contrary to the facts and law---Judgment of Appellate Court was set aside and that of Family Court was restored---Constitutional petition was accepted in circumstances. Allauddin Arshad v. Mst. Neelofar Tareen and 2 others 1984 CLC 3369; Muhammad Akram v. Mst. Hajra Bibi and 2 others PLD 2007 Lah. 515; Syed Mukhtar Hussain Shah v. Mst. Saba Imtiaz and others PLD 2011 SC 260 and Ghulam Muhammad v. Mst. Parveen Akhtar and others 2012 CLC 321 ref. THIS JUDGMENT DELIVERED BY: ARSHAD MAHMOOD TABASSUM, J.--- A suit for recovery of dower i.e. cash amounting to Rs.500 and certain landed property including gold ornaments was instituted by the petitioner on 12-10-2009. The learned Judge Family Court decreed the said suit as prayed for, however, the learned first appellate modified the decree and dismissed the claim of the petitioner with regard to landed property as recorded in column No.16 of Nikah Nama, holding that the same could be recovered through filing a civil suit, as the same was beyond the jurisdiction of the learned Judge Family Court. 2. The petitioner, being dissatisfied with the said judgment of the learned first appellate court dated 27-1-2011, has assailed the same through filing the instant writ petition. 3. Learned counsel for the petitioner has argued that it is clearly mentioned in column No. 16 of the Nikah Nama that the landed property was given to the wife in lieu of dower, hence, the same was subject matter of the family suit and was rightly decreed by the learned Judge Family Court and that…

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