Law: Family Courts Act, 1964

Section: Preamble,5,Sched

Law: Family Courts Act, 1964

Section: Preamble,5,Sched

Law: Civil Procedure Code (V of 1908)

Section: O.VII,Rr.7,8

Law: Specific Relief Act, 1877

Section: 42,54

(a) West Pakistan Family Courts Act (XXXV of 1964)------Preamble, S. 5 & Sched.---Specific Relief Act (I of 1877), Ss.42 & 54---Suit for declaration and permanent injunction---Plaintiff claimed to be owner in possession of suit property by virtue of unregistered Dower Deed executed by her father-in-law---Defendants' objection (i.e. husband and father-in-law of plaintiff) that civil court had no jurisdiction to entertain such suit---Validity---Family dispute between spouses and not with any outsider could be tried by Family Court---Father-in-law of plaintiff had denied her title, but not her husband---Recovery of dower, which was not prayed for in the plaint by plaintiff, would have brought present suit within domain of Family Court---Such objection, was misconceived, in circumstances. (b) Transfer of Property Act (IV of 1882)--- ----Ss. 129 & 123---Transfer of property by Muslim husband in favour of his wife in lieu of dower through unregistered Dower Deed---Validity---Such transaction for being Hiba-bil-Ewaz would not require registration---Non-registration of Dower Deed would not affect its legal value---Principles. Fazal-ur-Rehman v. Mst. Sosan Jan and others 1989 SCMR 651; Inayatullah v. Mst. Parveen Akhtar 1989 SCMR 1871 and Mst. Allah Jawai v. Allah Ditta PLD 1975 Lah. 1399 rel. (c) Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Suit for declaration and permanent injunction---Plaintiff claimed to be owner of four (4) Kanals of land on basis of un-registered Dower Deed executed by defendant (her father-in-law)---Defendant's plea that he was owner of only two (2) marlas in suit-land, thus, dower deed for being nullity in eye of law was not binding on him---Suit dismissed by Trial Court, but decreed by Appellate Court by awarding price of land mentioned in dower deed as such land was not owned by defendant according to revenue record---Defendant's plea that plaintiff could not be awarded price of suit-land for not having been claimed in plaint---Validity---Plaintiff at time of marriage had reposed trust in her father-in-law (defendant) and bonafidely believed in entries of Dower Deed---Had defendant disclosed actual factual position of…

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