Law: Family Courts Act, 1964

Section: 5,Sched,14

Law: Family Courts Act, 1964

Section: 5,Sched,14

Law: Constitution of Pakistan, 1973

Section: 1999

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5, Sched. & S.14---Constitution of Pakistan, Art.199---Constitutional petition---Suit for dissolution of marriage, maintenance allowance and grant of share in property---Jurisdiction of Family Court---Claim of plaintiff (wife) in her suit for dissolution of marriage and maintenance was that defendant (husband) at the time of Nikah agreed to transfer 1/3rd share in a plot in her name, but he had failed to abide by said term of Nikah---Defendant denied claim of the plaintiff and contended that Entry in. Column No.17 of Nikah Nama was fabricated and interpolated subsequently---Family Court decreed the suit and Appellate Court maintained findings of the Family Court, observing that Family Court had jurisdiction to entertain the suit in respect of claim of share in plot as it was personal property of the plaintiff---Averment contained in the plaint had manifested that there was a promise of the defendant to bequeath 1/3rd share in the plot to the plaintiff---Said promise remained unfulfilled and plaintiff was yet to acquire ownership of the share in the plot claimed in the suit---Such promise did not constitute personal belonging of the plaintiff for attracting S.5 and Schedule of West Pakistan Family Court Act, 1964--- Forum for determination of such right, in circumstances, was not the Family Court, but the courts enjoying plenary jurisdiction---Courts below had misinterpreted the law as contained in S.5 of West Pakistan Family Courts Act, 1964 holding that the claim of the plaintiff was actionable before the Family Court---Judgment and decree recorded by the courts below were declared as illegal, without lawful authority and of no legal consequences and were set aside---Suit of the plaintiff to the extent of claim of 1/3rd share in plot in question, was dismissed, in circumstances. Muhammad Akram v. Mst. Hajira Bibi PLD 2007 Lah,. 515 and Syed Mukhtar Hussain Shah v. Mst. Saba Imtiaz and others PLD 2011 SC 260 rel Nasrullah v. District Judge PLD 2004 Lah. 588 distinguished. Ch. Abdul Majeed for Petitioner. Nemo for Respondent No.1. Date of hearing: 25th November, 2011. JUDGMENT SYED MUHAMMAD KAZIM RAZA…

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