Law: Family Courts Act, 1964

Section: 5, Schedule

Law: Civil Procedure Code (V of 1908)

Section: O.XIVR.1,O.XLI,R.24

(a) Family Courts Act (XXXV of 1964)--- ----S. 5, Sched.---Civil Procedure Code (V of 1908), O.XIV R.1 & O.XLI, R.24---Suit for recovery of dower---Non-framing of issue---Effect---Territorial jurisdiction---Determination of---Family Court decreed the suit but Appellate Court remanded the case on the ground that no specific issue was framed with regard to dower deed---Validity---Plaintiff-wife had set up her claim of dower on the basis of 'Kabin Nama'---Proper issue had been framed on the subject matter---Even if no specific issue had been framed on a particular matter but evidence had been led in that behalf, Court was to go for resolution of the controversy on the evidence already adduced by the parties---Sufficient evidence was available to enable the Appellate Court to pronounce ---Where the wife ordinarily resided, Family Court of that territory had exclusive jurisdiction to deal with all the matrimonial disputes---Impugned passed by the Appellate Court was set aside---Appellant Courthad not decided the matter on merits---Case was remitted to the Appellate Court fordecision in the light of available evidence on record---Constitutional petition was allowed in circumstances. (b) Civil Procedure Code (V of 1908)--- ----O. XLI, R. 24---Purpose of O.XLI, R.24, C.P.C. was to minimize the hardship of litigant and to avoid unnecessary delay in disposal of cases by remitting to the lower Court. THIS JUDGMENT DELIVERED BY: SYED AFSAR SHAH, JUSTICE:---.--- Since there is close unanimity in "W.P No. 4515/2015 titled Mst. Zeenat Bibi v. Fazal Haq" and "W.P No. 3518-P/2015 titled Fazal Haq v. Mst. Zeenat Bibi etc", therefore these are being disposed of by way of this single judgment. 2. Briefly stated facts of the instant petitions as spelt out from the record are that on 5.10.2012 Mst. Zeenat Bibi resident of Bara Banda, Nowshera, the petitioner-plaintiff filed a suit against Fazal Haq, respondent-defendant, for recovery of dower, maintenance allowance and dissolution of marriage on the grounds of cruelty and second marriage with added prayer of recovery of gold ornaments. 3. When put on notice by learned Judge, Family Court at Nowshera, Fazal Haq, the defendant…

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