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Mst. REHANA HABIB vs EHSANULLAH S — 2025 CLC 792 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2025 CLC 792 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2025
Reporter
CLC
Parties
Mst. REHANA HABIB vs EHSANULLAH S
Subject matter
Civil
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

Mst. REHANA HABIB VS EHSANULLAH S. 5, Sched.---Jurisdiction of Family Courts---Scope---Family suit filed by the parents after the death of the spouse---Locus staudi---Suit for recovery of dower and dowry articles initially instituted by deceased daughter of the petitioner against her husband was subsequently prosecuted by the petitioner being mother of deceased daughter---Suit was decreed by the Family Court, however, the Appellate Court partially accepted the appeal preferred by the respondent/defendant to the extent of gold ornaments---Respondent/husband pleaded that proceedings could not have been pursued by the petitioner being mother of the spouse---Validity---Under S.5 of the Family Courts Act, 1964 (Act), the Family Court has been conferred with the exclusive jurisdiction to entertain, hear and adjudicate upon the matters specified in the Schedule of the Act---Dower and dowry articles figure in the said Schedule, thus, the subject matter and relief squarely fell within the jurisdiction of the Family Court---Jurisdiction of Family Court is determined by the subject matter of the suit and not by the person entitled to invoke the jurisdiction, thus, any suit mentioned in the Schedule can be instituted before the Family Court, thus, the Family Court had rightly proceeded with and adjudicated upon the suit of the petitioner---Verdict of the Appellate Court was based on proper appraisal of evidence by attending to all the material points, which suffered from no wrongful or excessive exercise of jurisdiction---Constitutional petition was dismissed, in circumstances.

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