RAMZAN QURBAN vs RAHEELA BIBI R — 2026 PLD 41 HIGH-COURT-AZAD-KASHMIR

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RAMZAN QURBAN VS RAHEELA BIBI R.5---azad Jammu and Kashmir Family Courts act, 1993 (XI of 1994), S.5 & Sched.---Suit for recovery of ornaments other than dower filed by ex-husband---Jurisdiction---Whether Family Court or Civil Court---Court to return plaint---Scope---Suit for recovery of gold ornaments other than the dower can not be entertained by the Family Court---Family Courts act, 1993, is a special law, free from technical shackles and modalities of general law i.e. C.P.C. and Qanun-e-Shahadat, even otherwise it is commanded in C.P.C. that a suit which is not within jurisdictional ambit of the Court where it is being presented, the relevant Court instead of issuing process of the Court qua its adjudication or dismissal of the same is under legal obligation to return the suit to the plaintiff for the purpose of institution before the competent Court of jurisdiction---Ornaments or anything else given by the husband to his wife other than dower can safely be termed as gift and normally under our cultural norms gift is symbol of reciprocation that too between the spouses and in such parlance presentation of gift cannot be said to be the acquisition through fraud---Rule 5 of the azad Jammu and Kashmir Family Courts Procedure Rules, 1998, stipulates that where a plaint is presented to a Court not having jurisdiction, the plaint shall be returned to be presented to the Court to which it should have been presented---as adumbrated entertainment of the suit and subsequently putting it to trial and ultimately its adjudication on merits by either way when the subject matter of the suit is not included in the Schedule as per S.5 of the Family Courts act, 1993, is nullity in the eye of law , corum non judice and such judgment or decision can not be recorded as a decision under law---In the present case , as the plaintiff himself opted to invoke jurisdiction of Family Court regarding a suit of civil nature instead of approaching the competent Court of civil jurisdiction, thus, at the eve of institution or presetting the present lis before the relevant fora he was burdened to justify delay and its limitation---High Court set-aside the impugned judgment and decree regarding suit for recovery of ornaments passed by Family Court, and suit for recovery of ornaments was returned to the plaintiff to be filed before the competent Court having jurisdiction over the matter---appeal, filed by plaintiff (ex-husband) was disposed of accordingly.

RAMZAN QURBAN vs RAHEELA BIBI R — 2026 PLD 41 HIGH-COURT-AZAD-KASHMIR

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