Law: Family Courts Act, 1964

Section: 5,9,14, Schedule

Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

(a) Family Courts Act (XXXV of 1964)--- ----S.5, Sched. Sr. 9 & S.14---Civil Procedure Code (V of 1908), O.VII, R.11---Claim of personal property and belongings of wife---Rejection of plaint---Appeal---Scope---Respondent/wife claimed that on the second day of marriage, petitioner/husband took away certain amount of cash from her purse with the promise to return the same which was not done---Petitioner filed application for rejection of plaint to the extent of the said claim---Trial court concluded that the cash was presumed to be personal property of the wife, therefore, Family Court had jurisdiction to entertain the matter---Validity---Held, whether or not the cash could be treated as personal property of wife under the Entry No.9 of the Sched. of Family Courts Act, 1964, was yet to be determined on the basis of evidence to be recorded by the parties---Court had prima facie presumed the same to be personal property of wife for the purposes of further determination---Impugned order was purely interlocutory in nature, against which an appeal was not available under the law---Plaint could not be rejected or returned in piecemeal when some dispute required to be determined by the court still subsisted and it could be rejected only if all reliefs claimed were barred under the law---Constitutional petition, being premature, was dismissed. Qadeer Ahmad v. Ejaz Ahmad through LRs. and others 20l7 YLR 1217 and Imran Raza Shaikh and 5 others v. Mst. Zarina Gul and 4 others 2003 YLR 943 ref. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Non-availability of appeal---Scope---Where appeal is not maintainable, constitutional petition cannot be used as its substitute especially where no final challengable order requiring determination has been passed. (c) Civil Procedure Code (V of 1908)--- ----O.VII, R.11---Rejection/return of plaint---Scope---Plaint cannot be rejected or returned in piecemeal when some dispute required to be determined by the court still subsists and it could be rejected only if all reliefs claimed were barred under the law. Qadeer Ahmad v. Ejaz Ahmad through LRs. and others 20l7 YLR 1217 and Imran Raza Shaikh and 5 others v.…

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