Law: Family Courts Act, 1964

Section: 2(d),5, Schedule

Law: Constitution of Pakistan, 1973

Section: 199

(a) Family Courts Act (XXXV of 1964)--- ----S. 2(d)---Words 'any person'---Connotation---Word 'party' as defined in S. 2(d) of Family Courts Act, 1964 includes 'any person' whose presence as such is considered necessary for a proper decision of dispute and whom Family Court adds as party to such dispute. (b) Family Courts Act (XXXV of 1964)--- ----Ss. 2(d) & 5, Sched.---Dower, recovery of---Suit against mother-in-law---Concurrent findings of two courts below---Suit was filed by plaintiff against her ex-husband and ex-mother-in-law for recovery of dower in shape of constructedhouse which was in name of her mother-in-law---Family Court and Lower Appellate Court concurrently decreed suit and appeal in favour of plaintiff---Validity---Nikahnama was signed by father-in-law of plaintiff as guarantor and consented that house in question would be given to plaintiff in lieu of dower---House in question was in ownership of ex-mother-in-law of plaintiff---Dower in shape of cash amount and gold ornaments was already paid to plaintiff by her husband---Remaining part of her dower concerned the defendant (mother-in-law)---Plaintiff had rightly filed suit against her mother-in-law for recovery of dower---Family Court had jurisdiction to try and adjudicate upon such suit filed by plaintiff---Judgments of two courts below were well-reasoned and were based on proper appreciation of evidence and law on the subject---Defendants failed to point out any jurisdictional defect or violation of any law in s passed by two courts below---High Court, in exercise of its Constitutional jurisdiction maintained s and decrees passed by two courts below---Constitutional petition was dismissed in circumstances. Muhammad Arif and others v. District and Sessions Judge, Sailkot and others 2011 SCMR 1591; Mst. Shehnaz Akhtar v. Fida Hussain and 2 others 2007 CLC 1517 and Mst. Musarrat Andleeb v. Additional District Judge Alipur District Muzafargrah and 3 others 2011 CLC 1989 ref. (c) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Principles---Proceedings under Art. 199 of the Constitution is not substitute of an appeal---Such jurisdiction is completely…

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