Citation Name: 2024 MLD 51 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case HAMEEDA vs KHAN MUHAMMAD S — 2024 MLD 51 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 MLD 51 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: MLD
Parties: Citation Name: 2024 MLD 51 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case HAMEEDA vs KHAN MUHAMMAD S
Subject matter: Criminal
Provisions referred to: S. 5; 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

Citation Name: 2024 MLD 51 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case HAMEEDA VS KHAN MUHAMMAD S. 5(1), Sched.---Suit filed by a widow against her father-in-law for recovery of share from property allegedly left by her deceased husband---Maintainability---Claim of the plaintiff regarding her share from the property of her deceased husband, was concurrently dismissed---Validity---Pleadings revealed that though the petitioner/ plaintiff was demanding her share in the property left by her husband but not a single document in said regard had been filed which could prove that her husband owned any property---Claim of the petitioner/ plaintiff, with regard to her share in property allegedly left by her husband, was not within the domain/jurisdiction of the Family Court in view of S. 5(1) of the Family Courts Act, 1964---According to Part-I of Sched. to the Family Courts Act, 1964, claim of the petitioner/plaintiff was not one of matters which could be adjudicated upon by the Family Court---Thus, matter-in-hand did not come within jurisdiction of the Family Court---Suit filed by the petitioner/ widow to claim her share from the property of her deceased husband was not maintainable---No illegality or infirmity was noticed in the impugned judgments and decrees passed by both the Courts below---Constitutional petition was dismissed in limine, in circumstances.

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