Law: West Pakistan Family Courts Act, 1964

Section: 19 , 7(i) (ii)

  West Pakistan Family Courts Act (XXXV of 1964)-- ---S.19---Court Fees Act (VII of 1870), S.7(i) & (ii) and Sched. I, Art. I-- Exemption from court-fees---Extent of---Court-fees which normally required payment in terms of S.7 (i) & (ii) of Court Fees Act, 1870 in accordance with Art. I of Sched. I of the Act, was no more required to be paid in view of provisions of S.19 of West Pakistan Family Courts Act, 1964--Exemption from payment of court-felts in case of such suits merely relate to plaints only---Such exemption do not extend to appeals which continued to be charged under the Schedule of the Court Fees Act. 1987SCMR1161 rel. Court Fees Act (VII of 1870)- ---S.7(i) & (ii) and Sched. I, Art. 1---Civil Procedure Code (V of 1908), S.149--Provisions of Court Fees Act, 1870, that no document chargeable with prescribed Court-fee can either be filed or received in any Court unless prescribed court-fee has been affixed thereon is subject to certain exemptions and the provisions made in S. 149, Civil Procedure Code is one of such exceptions. Mukhi Chatromul and another v. Khoobch and 6 others 1988 C L C 1711; 1980 C L C 1788 and 1981 C L C 1689 rel. Civil Procedure Code (V of 1908)-- ---S.149---Constitution of Pakistan (1973), Art. 199---Court's discretion exercised under provision of S.149, Civil Procedure Code, cannot be interfered with by the High Court in exercise of its Constitutional jurisdiction---Where Appellate Court had declined to exercise its discretion in favour of a party, High Court could not substitute that discretion in favour of that party in its Constitutional jurisdiction. Mohammad Sadiq for Petitioner. Hussain Shaikh for Respondent. JUDGMENT Mst. Shabana Parveen, the respondent No.1 in the present petition on 5th May, 1987 filed a suit for dissolution of her marriage, dower and maintenance against her husband Abdul Quddus, the petitioner herein in the Court of XIIth Civil and Family Judge, Karachi (South). She prayed for the following reliefs:--   Dissolution of marriage and return of personal property intact or its equivalent value Rs. 21,500 and interest thereon at 15% per annum with effect from 27-11-1986 and onwards…