Law: West Pakistan Family Courts Act, 1964

Section: 5

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched. Part-I, Item 9---Constitution of Pakistan, Art.199---Constitutional petition---Recovery of gold ornaments---Husband, right of---Petitioner filed suit against his ex-wife for recovery of gold ornaments which he claimed to have been given to her by his parents and other relatives, at the time of marriage---Family Court decreed the suit in favour of petitioner but Lower Appellate Court dismissed the suit on the ground that Family Court was not competent to entertain the suit---Validity---Present was not a dispute relating to marriage, family affair or for matters connected therewith but was an outcome of alleged breach of promise allegedly made by wife or her parents for returning gold ornaments---Such cause/dispute did not fall within the meaning of items mentioned in S.5, Sched. (Part-I) of West Pakistan Family Courts Act, 1964---Husband had no right to file a suit under Item No.9 of Sched. (Part-I), S.5 of West Pakistan Family Courts Act, 1964---Lower Appellate Court committed no illegality in setting aside and decree passed by Family Court---Constitutional Petition was dismissed in circumstances. ORDER SALAHUDDIN PANHWAR, J.--- Through instant petition, the petitioner Muhammad Zahid Siddique has called in question the legality of judgment and decree dated 28th November, 2012 and 30th November, 2012, passed by learned 6th Additional District Judge, Hyderabad, whereby allowed the appeal of the respondent. 2. Facts, in brief, are that petitioner filed a suit for recovery of Gold Ornaments and cash of Rs.15,000 against respondent before Family Court, Hyderabad wherein pleading that he contracted marriage with respondent; at the time of marriage his parents and other relatives had given two sets of gold apart from bangles, golden rings, ear-rings and other gold ornaments valuing Rs.500,000. Pleading other facts, the petitioner maintained in his suit that due to differences, petitioner divorced the defendant on 10-8-2010. At the time of Talaq the respondent and her parents had promised to return the entire gold ornaments and cash of Rs.15,000 but they failed to do so, hence he filed the instant suit.…