Law: Family Courts Act, 1964

Section: 5,17,Sched

Law: Family Courts Act, 1964

Section: 5,17,Sched

Law: Specific Relief Act, 1877

Section: 42

West Pakistan Family Courts Act (XXXV of 1964)-----S. 5, Sched. & S.17---Specific Relief Act (I of 1877), S.42---Civil Procedure Code (V of 1908), O. VII, Rr.10, 11 & S.11---Suit for declaration---Rejection of plaint---Res judicata, principle of---Earlier suit for dissolution of marriage and recovery of dowry articles filed by the petitioner against the respondent was decreed---Respondent filed appeal against and decree of the Family Court with the prayer that decree-holder be directed to return the gold ornaments and piece of land to him---Said appeal was dismissed and the respondent filed suit for declaration in the civil court---Application filed by the petitioner under O. VII, R.11, C.P.C. with the assertions that the Family Court had the exclusive jurisdiction to try the said suit, the plaint was liable to be rejected, the Trial Court returned the plaint under O. VII, R 10, C.P. C. to be presented before the proper forum; and said order ihe Trial Court having been upheld by the Appellate Court below, respondent had filed second suit for declaration in the Family Court with same averments as were made in his earlier suit=--Petitioner filed application under Ss.11, 171, C.P. C. and under S.17 of the West Pakistan Family Courts Act, 1964 for dismissal of the suit---Family Court accepting said application rejected the plaint---Appellate Court below vide impugned , set aside of the Family Court and directed the parties to appear before the Trial Court---Suit for dissolution of marriage, earlier filed by the petitioner was decreed on the ground of cruelty, non-payment of maintenance allowance and also on the basis of Khula; and Family Court had observed that respondent could seek remedy through civa suit---Said of the Family Court having been upheld by Appellate Court below, had attained finality---Respondent could not claim the gold ornaments and the property through a subsequent suit, filed either before the civil court or the Family Court---Family Court, in circumstances, had rightly rejected the plaint-Impugned of the Appellate Court below, was set aside and plaint filed by the respondent stood rejected, in circumstances. Muhammad Siddique Garwah for…

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