Cases of Suit of Declaration in Pakistan:
Addition and subtraction of a
word in a statute was not justified, except where for interpretation thereof
principle of reading in and reading down could be pressed into service in
certain cases of suit
for declaration in Pakistan along with permanent injunction. When in entry
No. 9, of Schedule to West Pakistan Family Courts Act, 1964, "actionable
claim" had not been provided by legislature; it would be improper and was
impinge upon the legislative intent and rules of interpretation to add such
expression to the clause/entry in case of suit for declaration in Pakistan
along with permanent injunction. Judgments and decrees passed by all Courts
below in favor of wife were set aside and her suit for declaration in Pakistan
along with permanent injunction was dismissed. Appeal was allowed.
Suit for Recovery of Dowry and Personal Property of Wife:
Suit for recovery of gold
ornaments and personal property and belongings of wife could not be decided in
suit for declaration in Pakistan along with permanent injunction. Plaintiff
sought decree to the effect that she had become owner of the house, car, gold
ornaments and half of the landed property of the defendant on the basis of
agreement signed by defendant. Trial Court ordered plaintiff to pay the
Court-fee holding that matter involved civil liability, so plaintiff's claim
could not be entertained. Appellate Court setting aside the order of Trial
Court remanded the case with direction to examine the parties under Order X,
Rule 2, C.P.C. As per Schedule to the West Pakistan Family Courts Act, 1964,
matters relating to dower, maintenance allowance, dowry as well as the personal
property and belongings of wife fell within the jurisdiction of Judge; West Pakistan
Family Courts Act, 1964.
More about Some Important Rules of Declaration in Pakistan:
The conditions of the contract
were not mentioned in the marriage certificate, defendant husband had admitted
to the execution of the contract in question, under certain compulsions. Matter
involved question of fact to be proved or disproved by the parties through the
evidence. Courts below did not exercise the jurisdiction vested in them in
accordance with law in case of suit for declaration in Pakistan along with
permanent injunction. Constitutional petition was allowed. Impugned orders were
set aside. Case was remanded to Trial Court with direction to frame the issues
and record evidence and dispose of the matter in accordance with law. Suit for
declaration in Pakistan along with permanent injunction was returned to Family
Court for lacking territorial jurisdiction. Suit decreed to extent of
dissolution of marriage and maintenance of minor son, but plaint to extent of
claim for dowry articles returned by Family Court for lacking territorial
jurisdiction.
Some Thing about Suit for Declaration in Pakistan You Must Need To Know:
Suit categorized in Schedule of
West Pakistan Family Courts Act, 1964 could be instituted in a Court within
whose local limits either cause of action wholly or in part had arisen or
parties reside or resided together lastly. An omni bus suit could be filed combining
therein causes of action of all suits mentioned in Schedule of West Pakistan
Family Courts Act, 1964, and Family Court in such case could not divide plaint
into causes of action falling within its territorial jurisdiction and those
beyond its jurisdiction and return plaint in part for lacking such
jurisdiction.
Plaint could be returned as a
whole for lacking territorial jurisdiction. Partial or piecemeal return of
plaint like partial rejection of plaint was not envisaged by any Rule of West
Pakistan Family Courts Rules, 1965 or provisions of the Act. Convenience of
females would be an Overriding consideration to disallow partial return of
plaint in family suits. High Court set aside impugned judgment to extent of
return of plaint with direction to Family Court to decide claim of dowry
articles and maintenance for lddat period of wife.
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