Law: West Pakistan Family Courts Act, 1964

Section: 5

  West Pakistan Family Courts Acct (XXXV of 1964)--- ----S. 5 & Sched.---Mode of payment of dower---Proof---House in question, was given by husband to wife in lieu of dower amount and such fact was entered in the Nikahnama---Factum of fixation of dower amount and giving of house in question, in lieu of dower as a whole was admitted in written statement---Husband's plea to the effect that subsequently he had paid the dower amount in cash and, therefore, wife was left with no claim to the house in question, was not established by any documentary evidence on record-- House in question, having once been given to wife in lieu of dower could only have been re-transferred by her to her husband with her own free will and unless and until said house was transferred by any lawful means, same would not cease to be her property---House in question, was thus, proved to be given by husband to wife in lieu of dower and she was entitled to claim ownership thereof. Mst. Roshan Ara v. Badri Kamala and 9 others 1989 SCMR 1981; Nawab Mirza Muhammad Sadiq Ali Khan and others v. Nawab Fakhr Jahan Begum and another NLR 1990 SD 541 and Kaneez Bibi and another v. Sher Muhammad and 2 others PLD 1991 SC 466 rel. West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Jurisdiction---Suit for recovery of dower filed in Family Court---Competency---Word "dower" as used in Schedule to West Pakistan Family Courts Act, 1964, can be in cash, in kind and also in the shape of property, movable or immovable---Where suit related to recovery of property which had been given to wife in lieu of dower, it was for all intents and purposes a suit for recovery of dower and as such was triable by Family Court. West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Civil Procedure Code (V of 1908), S. 9---Qanun-e-Shahadat (10 of 1984), Art. 114---Estoppel---Suit for recovery of dower ---Jurisdiction-- Suit for recovery of dower in the shape of house was tried by Judge Family Court who also enjoyed powers of Civil Judge First Class, therefore, even if suit was deemed to be triable by Civil Court, it could not be said that decree and judgment rendered…