Citation Name: 2023 CLC 1926 LAHORE-HIGH-COURT-LAHOREBookmark this Case RASHEED AHMAD vs ADDITIONAL DISTRICT J

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Citation Name: 2023 CLC 1926 LAHORE-HIGH-COURT-LAHOREBookmark this Case RASHEED AHMAD VS ADDITIONAL DISTRICT JUDGE S.5, Sched.---Jurisdiction and purpose of Family Courts----Section 5 of the Family Courts Act, 1964 provides "subject to the provisions of the Muslim Family Laws Ordinance, 1961 and the Conciliation Courts Ordinance, 1961, the Family Courts shall have exclusive jurisdiction to entertain, hear and adjudicate upon matters specified in the Schedule"---Prior to the introduction of the Act, 1964, some of the matters relating to the family affairs were subject to the Civil Courts and the Civil Court being the ultimate Court of jurisdiction had the power to entertain those matters, but keeping in view the fact that the procedure before the Civil Court was very lengthy and painful, all the matters relating to family affairs were made subject to the Family Courts---Judges of the Family Courts have been given vast power to regulate the proceedings of the family cases with the wisdom that the Family Courts can initiate to bring about compromise/settlement between the spouses for their reunion and for their living together, therefore during the proceedings of the case twice the provision of reconciliation have been inducted in the Family Court proceedings---Purpose behind the whole exercise is to make efforts for the reunion of the spouses so to have a peaceful and good family future which is not only beneficial for the families but this will also help to build a healthy and beautiful society. Citation Name: 2023 CLC 1926 LAHORE-HIGH-COURT-LAHOREBookmark this Case RASHEED AHMAD VS ADDITIONAL DISTRICT JUDGE S.5, Sched.---Family Courts---Non-applicability of provisions of C.P.C and Qanun-e-Shahadat, 1984---Presumption of truth attached to Nikahnama---Wife filed two suits, one for recovery of dowry articles, gold ornaments and maintenance allowance and the other for recovery of dower in shape of gold ornaments and pocket money per month as mentioned in Nikahnama---Trial Court dismissed the suit of wife for recovery of dower and partially decreed the suit for recovery of dowry articles---Appellate Court dismissed the appeal filed by husband and partially accepted the appeal of wife----Held, that the Family Courts Act, 1964, has been enforced to make provisions for the establishment of Family Courts for the expeditious settlement and disposal of disputes relating to marriage and family matters and for matters connected therewith---Provisions of C.P.C and Qanun-e-Shahadat, 1984 have not been strictly made applicable to the family cases, rather the powers have been vested to the Family Courts to perform their functions---Section 15 of the Act, 1964, provides the Family Courts the power to summon witnesses whereas S.16 of the Act, 1964, enables the Family Courts to proceed with the contempt matters---Family Court has the power to adopt any procedure under the Act, for summoning of the witnesses or exhibiting the documents---Procedure, however, provided in C.P.C and Qanun-e-Shahadat, 1984, are not applicable in stricto sensu---Wisdom behind the scheme is to avoid the technicalities so that the matters could be resolved expeditiously and justice could be provided within very short span of time---In case in hand, admittedly, the Nikah was performed between the parties, photocopy of Nikah Nama was admitted by husband and wife and there was no objection from any side regarding its execution----Husband had admitted that Nikah Form was written in his presence and he signed over the same but he further stated that the impugned conditions were not written---Husband, however, had not challenged those conditions independently before any forum---Neither husband had filed an application before the concerned union council for the correction of the entries if they were wrongly filled in column 17 nor brought any suit before the competent Court to get the entries corrected, meaning thereby that Nikah Nama was an admitted document by husband---Presumption of truth is attached to the Nikah Nama, but at the same time, if the entries thereof are denied the same can be challenged and the party challenging the entries is under obligation to prove that those entries were not settled between the parties at the time of Nikah----In case in hand, there was no evidence regarding challenging the Nikah Nama---Nikah was performed in the Majlis and all the persons whose names were appearing on the Nikah Nama including the petitioner signed over the same---Keeping in view the sequence of the scheme of Nikah Form, its column 17 was condition of dower which can be interpreted as the property belonging to the wife after marriage and under S. 5 of the Family Courts Act, 1964, personal property and belonging of the wife can be claimed by her at any time and the matter is triable by the Family Court----In case in hand, since this property/amount had not been fixed with any condition by the husband, therefore that would be taken as the personal property belonging of the wife---Constitutional petition was dismissed and the judgement and decree passed by the Appellate Court upheld were, in circumstances. Citation Name: 2023 CLC 1926 LAHORE-HIGH-COURT-LAHOREBookmark this Case RASHEED AHMAD VS ADDITIONAL DISTRICT JUDGE S.5, Sched.---Interpretation, of columns of Nikahnama---With the introduction of the Family Courts Act, 1964, the Nikah Form has attained a very vital importance regarding the resolution of the disputes between the spouses---Nikah Form otherwise is a very important document---Unfortunately most of the Nikahkhwan/Nikah Registrars have no understanding of the spirit of the columns of the Nikah Form especially in the rural areas where the literacy rate is otherwise very low and people do not understand the meaning of some special terms----Nikahkhwan/Nikah Registrars while filling Nikah Forms do not keep in mind the purpose of the columns thereof that ultimately creates problems for the spouses in case any dispute arises between them---In some matters it is very difficult for the Family Court to see the exact intention of the spouses regarding those columns at the time of Nikah---If Nikah Form is perused, its columns have very systematic sequence---From Columns 1 to 6, it relates to the place of the Nikah with the details of the spouses regarding their names, parentage, age and their matrimonial status, bachelor or married, whereas Columns 7 to 11 are regarding the requirements of a valid Nikah, wherein names of the witnesses and the name of the wakeel on the behalf of the spouses, if any appointed, are mentioned---Column 12 is regarding the date of Nikah and Columns 13 to 17 relate to the fixation of dower----Fixation of dower has been detailed in four different columns and every column has its own significance---While filling up these columns normally the person filling up does not care for the wisdom behind the said columns, which are clear in their meanings---Column 17 is regarding ---Scheme of the Form reflects that this is a part of the dower and the conditions if imposed, regarding the dower---Column 17 cannot be interpreted to mean that it is regarding the conditions after the divorce or in case of divorce, because Nikah Form clearly shows that Column 18 starts from the subject of divorce and all the conditions regarding the divorce have been separately mentioned in two different columns.

Citation Name: 2023 CLC 1926 LAHORE-HIGH-COURT-LAHOREBookmark this Case RASHEED AHMAD vs ADDITIONAL DISTRICT JUDGE S — 2023 CLC 1926 LAHORE-HIGH-COURT-LAHORE

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