Law: West Pakistan Family Courts Act, 1964

Section: 5

(a) West Pakistan Family Courts Act (XXXV of 1969) S. 5 & Sched.-Jurisdiction-Dower suit-Existence of wedlock at time of suit-Not necessary for claiming dower-Dower money ---Can be claimed by heirs of deceased wife by filing suit in Family Court. The existence of a wedlock at the time of suit is not necessary for claim ing the dower because for example an ex-wife, who is divorced, has contracted a second marriage and has children from a new husband cannot be estopped from claiming her "dower money" from her ex-husband and if she files a suit before a Judge, Family Court in that respect, she cannot be told that "since your wedlock with the ex-husband at the time of the suit is no longer subsisting, therefore, your claim has ceased to be a dower-claim and cannot be gone into by the Judge, Family Court". The nature of the claim is one thing but the time at which it is being claimed is another thing. Since the nature of the claim both in the case of an ex-wife or heirs of an ex-wife is essentially the recovery of "dower" that remains so always and the mere fact that it i3 being claimed by the heirs of the deceased wife does not detract anything from its real character. The various items of the Schedule refer to the true nature of the subject-matter of a suit and not the persons who may file or institute it. (b) Jurisdiction- ---Nature of suit for purposes of jurisdiction of Court-Primarily to be seen from averments in plaint and not defence of defendant. (c) Muhammadan Law Mahr distinguishable from dower as understood in European countries and also from presents given at time of marriage and jahez.                                                                                                                             ORDER The petitioner entered into a love-marriage with Mst. Tabassum Nawaz (predecessor-in-interest of…