Law: Family Courts Act, 1964

Section: 5,Sched,14,19

Law: Court Fees Act, 1870

Section: 7(iv)(c)

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched., Ss.14 & 19-Constitution of Pakistan, Art.199--. Constitutional petition---Wife's suit for" recovery of dower on basis of entries in Nikahnama---Husband's suit for declaring such entries not to be binding upon him for having been made without his consent---Consolidation of both suits by Family Court on husband's application-Decision of both suits by Family Court by consolidated dismissing wife's suit while decreeing husband's suit---Wife's appeal bearing court fee of Rs.15 dismissed by Appellate Court on her failure to make up deficiency in court fee while treating same to be a civil appeal seeking dismissal of husband's suit for declaration---Validity---Family suit and civil suit for being regulated by different laws could not be consolidated without presuming civil suit to be a family suit---Scope of "dower" mentioned at Sr. No.2 of Sched. of West Pakistan Family Courts Act, 1964 was not limited to wife's suit for recovery of dower, but would include husband's suit for declaration pertaining to issue of dower---Husband's suit relating to or involving dower was a family suit exclusively triable by Family Court---Both such suits could not be legally consolidated without regarding husband's suit as a family suit---Both such suits had been consolidated by Judge Family Court and by a Civil Judge---Wife's suit, after its consolidation with husband's suit, had not lost its character of a family suit and became a civil suit or merged into a civil suit---Wife's appeal had to be regarded as a family appeal not requiring payment of court fee applicable to a civil appeal---Appellate Court had required wife to pay deficiency in court fee without determining and specifying deficient amount---Wife was not required to file two separate appeals against consolidated or pay court fee on her appeal---High Court set aside impugned and remanded case to Appellate Court to decide wife's appeal on merits in accordance with law. Aqqueeluddin and 5 others v. Muhammad Rafique 1984 CLC 2607 and Ghulam Farid v. Mst. Pathani and 2 others 1993 MLD 1023 ref. Allah Wasaya v. Faiz Bakhsh and another 2001 YLR 2773; Muhammad…

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