Recovery of Dowry Article 2011 PLD 569 Case Laws,Section 5 & Sched.—West Pakistan Family Courts Rules, 1965, Rr. 5 & 6—Constitution of Pakistan, Art.199—Constitutional petition—Suit for dissolution of marriage, recovery of maintenance and dowry articles—Suit decreed to extent of dissolution of marriage and Maintenance of Minor son, but plaint to extent of claim for dowry articles returned by Family Court for lacking territorial jurisdiction—Dismissal of appeal by Appellate Court—Validity—Suit categorized in Sched. of West Pakistan Family Courts Act, 1964 could be instituted in a court within whose local limits either cause of action wholly or in part had arisen or parties reside or resided together lastly—An omnibus suit could be filed combining therein causes of action of all suits mentioned in Sched. of West Pakistan Family Courts Act, 1964, and Family Court in such case could not divide plaint into causes of action falling within its territorial jurisdiction and those beyond its jurisdiction and return plaint in part for lacking such jurisdiction—Plaint could be returned as a whole for lacking territorial jurisdiction—Partial or piecemeal return of plaint like partial rejection of plaint was not envisaged by any Rule of West Pakistan Family Courts Rules, 1965 or provisions of the Act—Convenience of females would be an overriding consideration to disallow partial return of plaint in family suits—High Court set aside impugned judgment to extent of return of plaint with direction to Family Court to decide claim of dowry articles and maintenance for Iddat period of wife.
Recovery of Dowry Article 2011 PLD 569 Case Laws
