Law: Azad Jammu and Kashmir Family Courts Act, 1993

Section: 5, Schedule5,3,1

Law: Azad Jammu and Kashmir Family Courts Act, 1993

Section: 5, Schedule5,3,1

Azad Jammu and Kashmir Family Courts Act (XI of 1993)-------S. 5, Soiled & S.14---Suit for recovery of dower amount---Suit filed by the plaintiff was dismissed by the Family Court for lack of jurisdiction---Family Court initially decreed suit ex parte, which was later on set aside and same was dismissed on the question of jurisdiction, which question was neither raised in the written statement by the defendant nor contended by any of the parties---Trial Court appeared to have ignored the fact that even if it had no jurisdiction to entertain the same, plaint was required to be returned to the plaintiff---Family Court had exclusive jurisdiction to entertain the matter mentioned in Schedule to S.5 of Azad Jammu and Kashmir Family Court Act, 1993, where apart from other matters, the suit pertaining to dower was also included in the Schedule for the reason that matrimonial disputes of all kinds listed in the Schedule were to be exclusively triable by the Family Court---Impugned and decree were set aside and case was remanded to the Family Court with the direction to proceed further with the case in accordance with law. Sardar Muhammad Akhtar Khan for Appellant. Nemo for Respondent. ORDER SARDAR M. ASHRAF KHAN, J.---The above titled appeal has been directed against the judgment and decree of Judge Family Court, Pallandari dated 3-9-2005 whereby, the suit for recovery of dower was dismissed by the said Court for lack of jurisdiction. 2. The brief facts forming the background of the instant appeal are that the appellant herein filed a suit for recovery of dower to the tune of Rs.27,500 before the Judge, Family Court, Pallandari on 11-1-2005. The trial Court after due process of law, dismissed the suit vide its judgment and decree dated 3-9-2005 hence this appeal. 3. Sardar Muhammad Akhtar Khan, the learned counsel for the appellant argued that the trial Court committed grave illegality while recording the impugned judgment and decree. The learned counsel contended that the trial Court has wrongly and illegally dismissed the suit for want of jurisdiction. Finally, the learned counsel prayed that by accepting the appeal the impugned judgment and decree may be set…

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