| Case ID |
254a67c5-68a4-49ad-aa54-413eb74bd564 |
| Body |
View case body. Login to View |
| Case Number |
N/A |
| Decision Date |
Jun 18, 2013 |
| Hearing Date |
|
| Decision |
The Islamabad High Court dismissed the constitutional petition regarding the jurisdiction of Family Court to hear a suit for recovery of bridal gifts after the dissolution of marriage based on Khula. It was determined that the Family Court does have jurisdiction over such matters, and the claim for recovery of bridal gifts was deemed competent. The Court emphasized the importance of resolving disputes on merits rather than technicalities, allowing the respondent husband to pursue his claim for gold ornaments, which he asserted were given as bridal gifts. |
| Summary |
The Islamabad High Court case revolves around the jurisdiction of Family Courts in Pakistan concerning bridal gifts after the dissolution of marriage through Khula. The petitioner, Mst. Nomail Zia, contested the Family Court's authority to hear a suit filed by her ex-husband, Adnan Riaz, for the recovery of gold ornaments claimed as bridal gifts. The Court analyzed the relevant laws, including the West Pakistan Family Courts Act and the Dowry and Bridal Gifts (Restriction) Act, determining that the Family Court indeed holds jurisdiction over such claims. The decision underscores the legal principle that matters should be resolved based on their merits rather than procedural technicalities, highlighting the importance of justice in family law cases. The ruling reinforces the legal framework surrounding marital property rights and the recovery of gifts, positioning the Family Court as a crucial venue for such disputes. This case serves as a significant reference for future matters involving bridal gifts, Khula, and the jurisdictional scope of Family Courts in Pakistan. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ANWAR KHAN KASI, C.J
|
| Lawyers |
Akram Shaheen
|
| Petitioners |
Mst. NOMAIL ZIA
|
| Respondents |
ADNAN RIAZ
|
| Citations |
2006 SLD 2307 = 2006 CLC 87
|
| Other Citations |
Muhammad Ijaz Ahmad Khan v. Judge, Family Court and another 2005 YLR 2799,
Sheodan Singh v. Daryao Kunwar AIR 1966 SC 1332
|
| Laws Involved |
West Pakistan Family Courts Act (XXXV of 1964),
Dowry and Bridal Gifts (Restriction) Act (XLIII of 1976),
Civil Procedure Code (V of 1908),
Constitution of Pakistan
|
| Sections |
5,
Schedule,
7,
2(a),
10,
199
|