Citation Name: 2024 PLD 25 PESHAWAR-HIGH-COURTBookmark this Case TAUHEED FAROOQI vs FAIQA ANMOL S

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Citation Name: 2024 PLD 25 PESHAWAR-HIGH-COURTBookmark this Case TAUHEED FAROOQI VS FAIQA ANMOL S. 5, Sched.---Transfer of Property Act (IV of 1882), S.3---Suit for dissolution of marriage and recovery of dower (ten tolas gold ornaments and one-third share of the house)---Dower, dispute over---Jurisdiction of the Family Court---Scope---Actionable claim---Scope---Dower was claimed against the defendant/husband on the basis Kabeen Nama (marriage-deed) according to which the husband had bound down himself to give gold ornaments to his wife at the time of Nikah which would be the sole ownership of wife---Family Court decreed the dower prayed for by the petitioner/plaintiff, which judgment and decree was maintained by the Appellate Court---Contention of the petitioner/defendant that gold ornaments as mentioned in the Kabeen Nama (marriage-deed) was an actionable claim for which jurisdiction vested in the Civil Court---Held, that the Kabeen Nama (marriage-deed) was admittedly a matrimonial document between the parties which was not such an independent contract which might be interpreted as an 'actionable claim' within the contemplation of the provisions of the Transfer of Property Act, 1882('the Act 1882')---Section 3 of the Act 1882 means a claim to any debt (other than a debt secured by mortgage of immoveable property or by hypothecation or pledge of moveable property, or to any beneficial interest in moveable property not in the possession, either actual or constructive of the claimant, which the Civil Court recognizes as affording grounds for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent---Hence, the claim of wife for gold ornaments per marriage-deed, was a consideration of marriage for which the Family Court had the jurisdiction to adjudicate upon---No illegality or infirmity was found in the impugned judgment passed by the Appellate Court---Constitutional petition was dismissed, in circumstances.

Citation Name: 2024 PLD 25 PESHAWAR-HIGH-COURTBookmark this Case TAUHEED FAROOQI vs FAIQA ANMOL S — 2024 PLD 25 PESHAWAR-HIGH-COURT

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