One of Top Lawyer To Solve Case of Suit of Declaration in Pakistan By Law

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. https://www.familycaselawyer.com/suit-for-declaration-in-pakistan/ 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. https://www.familycaselawyer.com/suit-for-declaration-in-pakistan/ 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.