Recovery of Dowry Articles 2008 PLD 410 Case Laws, Section 5, 7(2) & Schedule. [as amended by Family Courts (Amendment) Act (VII of 1997)]—Constitution of Pakistan (1973), Art.199—Constitutional petition—Territorial jurisdiction—Determining factor—Suit for recovery of dowry articles was filed by wife at place “L”—Husband resisted the suit on the ground that place of residence of wife was at place “G” therefore, suit at place “L” was not maintainable—-Validity—It was wife’s right to bring the suit within the local limits of Family Court, where she ordinarily resided—Ordinary residence could not be determined through hard and fast rules—Intention of wife to stay at a particular place was material and not length of stay—Neither Civil Procedure Code, 1908, nor Qanun-e-Shahadat, 1984, was applicable to the matters falling within the jurisdiction of Family Court—It was the ordinary residence which was determining factor for jurisdiction of Family Court—Wife had filed suit for recovery of dowry articles as far back as in year, 2001 and as yet she had not succeeded in getting her case/suit decided on merits—Parties had been fighting on technicalities for the past seven years and the case was yet to be decided on merits—High Court directed Family Court to decide pending suit of wife expeditiously—Petition was dismissed in circumstances.
Recovery of Dowry Articles 2008 PLD 410 Case Laws
