Law:

Section:

Civil Procedure Code (V of 1908) --------- ----------O.VII, R.11 --------- Specific Relief Act (I of 1877), Ss. 39 & 42 --------- Family Courts Act (XXXV of 1964), S.5 & Sched. --------- Suit for declaration and cancellation --------- Maintainability --------- Rejection of plaint --------- Family Court has exclusive jurisdiction in matter of family nature --------- Plaintiff filed suit for declaration and cancellation of documents regarding second marriage of his former wife and guardianship/custody of his minor children --------- Defendant/the wife filed application under O.VII, R.11, C.P.C., which was dismissed by the trial Court, but the revisional court, accepting the same, rejected the plaint --------- Validity --------- Dispute between the parties was one of family nature, which under S.5 of Family courts Act, 1964 was within the exclusive jurisdiction of the Family Court, regarding matters pertaining to jactitation of marriage, guardianship and custody of children as per the Schedule annexed thereto --------- Impugned order of the revisional court was, therefore, upheld --------- Constitutional petition was dismissed in circumstances. THIS ORDER PASSED BY: SYED SAEED-UD-DIN NASIR, JUSTICE:---------- Through this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner has impugned the validity of Order dated 16.3.2015 passed by the IVth Additional District Judge, Karachi-East in Civil Revision Application No. 61 of 2014, whereby the learned Additional District Judge, Karachi-East allowed the aforesaid application and as a consequence thereto rejected the plaint in Suit No. 1132 of 2013 pending before the 1st Senior Civil Judge, Karachi-East, under Order-VII Rule 14 Code of Civil Procedure, 1908. 1. Brief facts of the case are that the petitioner got married to the respondent No. 1 Mst: Fahmida Khatoon on 23.5.2003 and dower amount was fixed at Rs.10,000/-. Out of wedlock two minors namely; Baby Misbah Maqsood and Master Muhammad Harmain Maqsood were born. The petitioner himself executed divorce with mutual consent of the respondent No. 1 but continued to reside at the house of respondent…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492