Law:

Section:

Family Courts Act (XXXV of 1964)--- ----Ss. 2(d), 5 & Sched.---Suit for recovery of dowry articles---Plaintiff impleaded her father-in-law as well as husband as defendants---Necessary and proper party in a family suit---Scope---Petitioner contended that her dowry articles were under the possession of both her husband and her father-in-law so Family Court had wrongly deleted the name of her father-in-law from the array of defendants---Husband contended that the suit for recovery of dowry articles was always inter se spouses and his father was not a proper party for the purpose---Validity---Section 2(d) of Family Courts Act, 1964, stipulated that 'party' would include any person whose presence as such was considered necessary for a proper decision of the dispute---Wife, in a suit for recovery of dowry articles was competent to file the suit not only against her husband but any other relative of the husband whose impleadment or addition as a party for comprehensive decision and effective enforcement of decree would be necessary---In the present case, petitioner/wife had specifically averred that her dowry articles and personal belongings were in possession of her husband and her father-in-law and prayed against both the defendants---Family Court by accepting the application of husband to delete the name of father-in-law had misinterpreted the law on the subject and being so had committed illegality---High Court set aside the order passed by Family Court by holding that father of husband was a necessary and proper party for adjudication of claim of plaintiff in respect to dowry articles---Constitutional petition was accepted. Muhammad Arif and others v. District and Sessions Judge, Sialkot and others 2011 SCMR 1591; Muhammad Anwar and another v. Additional District Judge, Lahore (Miss Uzma Akhtar Chughtai) and 2 others 2003 YLR 365 and Ayesha Bibi v. Muhammad Faisal and 2 others PLD 2014 Lah. 498 ref. THIS ORDER PASSED BY: HABIB ULLAH AMIR, JUSTICE:---.--- The petitioner dissatisfied with order dated 15.12.2016 of learned Judge Family Court, Khanewal has filed instant petition. 2. Succinctly, facts giving rise to this petition are that petitioner instituted…

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