AZMAT JAHAN vs ADDITIONAL DISTRICT JUDGE Ss — 2023 MLD 92 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 MLD 92 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: MLD
Parties: AZMAT JAHAN vs ADDITIONAL DISTRICT JUDGE Ss
Subject matter: Family
Provisions referred to: Family Courts Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

AZMAT JAHAN VS ADDITIONAL DISTRICT JUDGE Ss. 2(d) & 5, Sched.---Recovery of dowry articles of the deceased lady---Petitioner being sister of the deceased filed suit for recovery against the widower of her deceased sister---Locus standi---Petitioner contended that determining factor for invoking the jurisdiction was the subject-matter of the suit and not the party who had brought the lis; that she was the successor of the deceased and was entitled to inherit 1/2 of the share from the property of her deceased sister---Held, that perusal of the Schedule attached to the Family Courts Act, 1964, transpired that it did not empower family court to adjudicate upon a claim of a party qua his/her right of inheritance or tarka---Determination of share in the estate/tarka of deceased or its distribution did not fall within the jurisdiction of the Family Court---Petitioner's suit was not maintainable as she had no locus standi to approach the Family Court---Petitioner needed to approach the Civil Court of competent jurisdiction---Constitutional petition was dismissed accordingly.

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