Law: Family Courts Act, 1964

Section: 5, Schedule

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Constitution of Pakistan (1973), Art.199---Constitutional petition---Petitioner/wife filed suit for recovery of amount as mentioned in Column No.17 of Nikahnama---Family Court decreed the suit but decree was reversed in appeal---Validity---Petitioner was deprived of her right to recover disputed amount mainly on the document in form of affidavit---Said document was relinquishment of right of petitioner to recover Rs.100,000 mentioned in Column No.17 of the Nikahnama which she had forgiven during the period she lived amicably with her husband/respondent---Signatures of petitioner who was an educated lady got compared by court of appeal with her admitted signatures on the plaint and found that relinquishment was executed by petitioner voluntarily---Petitioner signed her power of attorney filed in the present petition with different signatures such factum, further, went against her claim---Witnesses produced by respondent stated that document was executed by petitioner without any coercion---Appellate Court's finding to the effect that suit amount could not be considered as part of dower amount and was not recoverable through Family Court established under Muslim Family Courts Act, 1964 were given being oblivious of amendment introduced in the Schedule Part I of the West Pakistan Family Courts Act, 1964 conferring jurisdiction to Family Court for recovery of personal property and belongings of a wife---Petitioner having herself relinquished her right to recover suit amount, suit for recovery of said amount was not maintainable. Nasrullah v. District Judge, Mianwali and 2 others PLD 2004 Lah. 588 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD MUZAMMAL KHAN, J.--- Instant constitutional petition assailed judgment/decree, dated 24-1-2006 passed by the learned Additional District Judge, Mandi Bahauddin (respondent No.1) to be declared illegal, void and of no legal consequence, whereby appeal filed by respondent No.2 was accepted and judgment/decree, dated 14-11-2005 passed by the learned Judge Family Court was reversed and suit of petitioner No.1 for recovery of Rs.100,000 was dismissed. 2.…

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