| Citation(s) |
|---|
| 2026 SLG 28 2026 SLD 28 = 2026 SHC 2 |
Sindh High Court
C.P No. S-226 of 2025
RIAZAT ALI SAHAR, J
Nisar Ahmed Bhatti through Mr.Ashfaque Nabi Qazi, Advocate.
Respondents No.1&2: Mst. Nasreen Akhtar present in person along with respondent No.2.
Respondents No.3&4: Through Mr. Muhammad Sharif Solangi, Assistant A.G. Sindh. Date of Hearing: 10.12.2025. Date of Judgment: 31.12.2025.
C.P No. S-226 of 2025
RIAZAT ALI SAHAR, J
Nisar Ahmed Bhatti through Mr.Ashfaque Nabi Qazi, Advocate.
Respondents No.1&2: Mst. Nasreen Akhtar present in person along with respondent No.2.
Respondents No.3&4: Through Mr. Muhammad Sharif Solangi, Assistant A.G. Sindh. Date of Hearing: 10.12.2025. Date of Judgment: 31.12.2025.
[Nisar Ahmed Bhatti
VS
Mst. Naseern Akhtar & others]
Law: Constitution of Pakistan, 1973
Section: 199
Law: Code Of Civil Procedure, 1908.
Section: Order VIII, Rule 5
Case Summary
The petitioner challenged the Family Court and appellate court judgments that directed transfer of ownership of a house (or Rs. 2,500,000 as alternative) to his ex-wife based on a promise in Column 17 of the Nikahnama.
The petitioner argued that the Family Courts Act, 1964 does not empower Family Courts to enforce promises of future property; only dower or personal property already belonging to the wife falls under jurisdiction.
The courts below treated the promised house as an actionable matrimonial claim, which was held to be beyond their jurisdiction.