| Case ID |
1583ddf9-da2b-4df8-9ae6-f816545832b7 |
| Body |
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| Case Number |
Civil Revision No.1501 of 2005 |
| Decision Date |
Sep 26, 2011 |
| Hearing Date |
Sep 26, 2011 |
| Decision |
The Peshawar High Court dismissed the civil revision petition against the judgment and decree dated 7-11-2005 of the learned Additional District Judge-V, Charsadda, which had partially decreed the suit of the respondents. The court found that the transfer of property through an unregistered Dower Deed executed by the father-in-law of the plaintiff was valid. The court ruled that the Family Court has jurisdiction only in disputes between spouses, and the plaintiff's claim was valid because the father-in-law's denial of the title did not affect the husband's acknowledgment of it. The court clarified that the plaintiff was entitled to relief despite the non-registration of the Dower Deed, as it was a Hiba-bil-Ewaz transaction. The court also emphasized that parties should not be denied relief due to technical defects in pleadings when they are entitled to it in the interest of justice. |
| Summary |
In the case of Civil Revision No.1501 of 2005, the Peshawar High Court addressed the validity of an unregistered Dower Deed executed in favor of the plaintiff by her father-in-law. The court ruled that the Family Court's jurisdiction is limited to disputes between spouses and not between family members, affirming that the plaintiff's claim was valid. The decision highlighted the principles of the Family Courts Act, the Specific Relief Act, and the Transfer of Property Act, emphasizing the legitimacy of property transfers made via Dower Deeds, even when unregistered. The court reinforced that justice should prevail over technicalities, allowing the plaintiff to receive appropriate relief despite procedural flaws. This case underscores the importance of protecting women's rights in property matters and ensuring that fraudulent acts do not benefit deceitful parties. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
NISAR HUSSAIN KHAN, J
|
| Lawyers |
Gul Sadbar Khan for Petitioner,
S.M. Attique Shah for Respondents
|
| Petitioners |
others,
MASAL KHAN
|
| Respondents |
another,
Mst. SHAH TARINA
|
| Citations |
2012 SLD 433,
2012 CLC 206
|
| Other Citations |
Fazal-ur-Rehman v. Mst. Sosan Jan and others 1989 SCMR 651,
Inayatullah v. Mst. Parveen Akhtar 1989 SCMR 1871,
Mst. Allah Jawai v. Allah Ditta PLD 1975 Lah. 1399,
Samar Gul v. Central Government and others PLD 1986 SC 35,
Mst. Maimoona Nabi v. Saad Sethi and 2 others C.P.No.769-P of 2003
|
| Laws Involved |
Family Courts Act, 1964,
Civil Procedure Code (V of 1908),
Specific Relief Act, 1877,
Transfer of Property Act (IV of 1882)
|
| Sections |
Preamble,
5,
Sched,
O.VII,
Rr.7,
8,
42,
54,
129,
123
|