Law:

Section:

West Pakistan Family Courts Act (XXXV of 1974) -.- S. 5 read with S. 2 (d) and Preamble-Dower-Recovery of-Word "party"-Definition wide enough to include a party as such and also other persons whose presence necessary for decision of dispute-Determination of questions relating to liability to pay dower-Husband and surety both necessary parties to such determination-Preamble of Act does not affect significance of definition of "party". [Words and phrases-Dower]. JUDGMENT This writ petition has been filed to call in question the judgment and decree passed under the Family Courts Act, 1964, in favour of the respondent, for recovery of dower money. Learned counsel for the petitioner has reiterated the point raised at the time of motion hearing, namely, that even though decree could be passed by a Family Court against a husband, it was not competent to pass a decree of dower against a surety. Relying on the Preamble of the Family Courts Act learned counsel has argued that the Family Courts were constituted to decide disputes between those parties only which are directly involved in the family disputes, and a surety may, or may not be involved in the family dispute and thus remain, out of the ambit of such a dispute. 2. Learned counsel for the respondent relying on the list of subjects in the Schedule to the Act and the definition of "Party" in section 2(d) thereof contended that all matters relating to dower whether they are directly in dispute between the spouses or connected with those disputes, are within the exclusive jurisdiction of the Family Courts by virtue of the provisions contained in section 5 of the Act. The Preamble and the provisions of sections 2(d) and 5 relied upon by the !earned counsel read as follows: "Preamble.-Whereas it is expedient to make provisions fur the establishment of Family Courts for the expeditious settlement and disposal of disputes relating to marriage and family affairs 'and for matters connected therewith. Section 2(d).-'Party' shall include any person whose presence as such is considered necessary for a proper decision of the dispute and whom the Family Court adds as a Party to such dispute." Section 5. Jurisdiction.-Subject to…

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