Territorial jurisdiction of family court
Section 6 of family court rules 1965, section 16, 17, 18, 19, 20 of civil procedure code 1908
Family court territorial jurisdiction .. court within the local limits of which the wife ordinary resides… family court alone had exclusive jurisdiction to deal with all the matrimonial disputes, whataver their nature, irrespective of territorial jurisdiction, provided that the famiy court where the wife resides shall have the jurisdiction to entertain such suits/claims… provisions of section 16, 17, 18, 19 and 20 CPC stood excluded from the proceedings before the family court, thus the question of its territorial jurisdiction would never arise, provided that the family court where the wife resides shall have the exclusive jurisdiction over all such matter.
PLD 2016 SC 613
Detection of Electricity Bill
Section 24, 26-A, & 54-C of Electricity Act 1910
Detection of bill – determination — civil court / electric inspector – jurisdiction—plaintiff assailed detection bill issued by Electric company but trial court dismissed the suit on the plea of lack of jurisdiction – lower appellant court set aside judgment and decree passed by trial court and suit filed by plaintiff was decreed in his favor – validity – in case of theft of electricity or illegal abstraction of energy, Electric Inspector had no jurisdiction to adjudicate a dispute and jurisdiction was exclusively with civil court, which could resolve the controversy after proper appreciation of evidence produced by parties—Detection Bill issued to plaintiff was violation of natural justice, therefore the same was liable to be annulled — solitary witness produced by defendant company admitted the stance of plaintiff in his cross examination in unequivocal manner – High Court declined to interfere in judgment and decree passed by Lower appellant court – Revision was dismissed in circumstances ..
2016 CLC Note 39 Peshawar
Receipts are not required to be filed and shopkeepers are not required to be witnesses for dowry articles
Section 5 of family court act 1964
Suit for recovery of maintenance dowry articles gold ornaments dower and money – dowry articles proof of—production of receipts regarding dowry articles – requirement – trial court decreed the suit – both parties filed appeal and appellate court dismissing appeal filed by defendant, decreed suit filed by plaintiff as prayed for .. contentions raised by defendant were that no documentary proof had been produced regarding preparations of dowry articles and gold ornaments – validity—defendant had failed to fulfill the marital obligations – plaintiff was not responsible for her desertion— appellant court had rightly held that plaintiff was entitled to dower gold ornaments and cash amount as prayed for— after snatching dowry articles bridal gifts gold ornaments from plaintiff, defendant had not provided any maintenance to her—defendant during cross examination had failed to discard claim made by plaintiff and throughout her statement remained unrebutted of defendant that plaintiff had not proved dowry articles by producing their receipts was not tenable as neither villagers would ask for receipts of wedding shopping nor would shopkeeper stand as witnesses for their customer—appellant court had rightly passed impugned judgment and decree after proper appreciation of evidence which could not be interfered with by High court in exercised of constitutional jurisdiction. Constitutional petition was dismissed in circumstances..
2016 YLR Note 43
Property mentioned in Nikahnama exclusive power of Family Courts
Section 5 of family Court Act 1964
Family court jurisdiction of – undertaking given in the nikah nama that certain property land shall be transferred in the name of the wife and she would be exclusive owner of the same – such an undertaking could be construed as a part of dower or a gift to wife in consideration of marriage therefore, it would fall within the exclusive domain of the family court to pass a decree in relation to such property.
PLD 2016 SC 613