MOHSIN ALI KHAN vs FEDERAL OMBUDSMAN SECRETARIAT FOR PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE,

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MOHSIN ALI KHAN VS FEDERAL OMBUDSMAN SECRETARIAT FOR PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE, ISLAMABAD S.4---Family Courts Act (XXXV of 1964), S.5---Dowry articles, recovery of---Complaint before Ombudsperson---Maintainability---Parties were husband and wife which relation ended in divorce---Respondent / wife filed suit for recovery of dowry articles before Family Court at place "P"---Subsequently respondent / wife also filed complaint before Federal Ombudsperson at place "I" for recovery of possession of plot mentioned in Nikahnama---Petitioner / husband assailed proceedings before Ombudsperson---Validity---When any matter specified in Part 1 of the Schedule of Family Court Act, 1964 was pending with competent Family Court among spouses or ex-spouses on a property issue, which was claimed by either party on the basis of terms referred in Nikahnama or otherwise, territorial jurisdiction had to be settled under Family Court Act, 1964---If any complaint was filed by a woman for protection of her rights of ownership and possession of property (moveable or immovable) within Islamabad Capital Territory under Enforcement of Women's Property Rights Act, 2020, she was to demonstrate that she owned or possessed any property within the territorial jurisdiction of Islamabad Capital Territory, otherwise complaint was not entertainable---No complaint was entertainable if parties were married to each other in some other district, living outside territorial jurisdiction of Islamabad Capital Territory and litigation was also pending in other district---Complaint should have been filed within that district only under the provincial laws, if enacted---Only those properties were covered under Enforcement of Women's Property Rights Act, 2020, which were agreed to be given with clear terms within Islamabad Capital Territory--- Mere mentioning of a property within Nikahnama without its clear description in terms of Cl. 16 of Nikahnama could not extend jurisdiction to Federal Ombudsman at Islamabad Capital Territory to exercise its jurisdiction as well as when the subject lis was pending with Court in any other district unless Family Court in that district had granted permission to proceed with the complaint through a speaking order---Federal Ombudsperson at place "I" had no jurisdiction to entertain complaint of respondent / wife regarding property referred in her Nikahnama, which was still to be conferred through judgment of Family Court at place "P"---High Court set aside order passed by Federal Ombudsperson for Protection against Harassment of Women at Workplace as the complaint was not maintainable--- Constitutional petition was allowed accordingly.

MOHSIN ALI KHAN vs FEDERAL OMBUDSMAN SECRETARIAT FOR PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE, ISLAMABAD S — 2022 CLC 1955 ISLAMABAD

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