2012 CLC 206 PESHAWAR-HIGH-COURT-NWFP Side Appellant : MASAL KHAN Side Opponent : Mst. SHAH TARINA Preamble, S. 5 & Sched.---Specific Relief Act (I of 1877), Ss.42 & 54---Suit for declaration and permanent injunction---Plaintiff claimed to be owner in possession of suit property by virtue of unregistered Dower Deed executed by her father-in-law---Defendants objection (i.e. husband and father-in-law of plaintiff) that civil court had no jurisdiction to entertain such suit---Validity---Family dispute between spouses and not with any outsider could be tried by Family Court---Father-in-law of plaintiff had denied her title, but not her husband---Recovery of dower, which was not prayed for in the plaint by plaintiff, would have brought present suit within domain of Family Court---Such objection, was misconceived, in circumstances.
Posted on: Fri, 31 Oct 2014 18:49:31 +0000
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