Family law

--- S. 21 --- Family Courts Act (XXXV of 1964), Ss. 5 & 17 --- West Pakistan Family Courts Rules, 1965, R. 6 --- Territorial jurisdiction --- Objection as to place of suing --- Waiver --- Failure of justice --- Appellate stage --- Objection as to place of suing is required to be taken in the court of first instance at the earliest possible opportunity and in all cases where issues are settled at or before such settlement --- Where no issue regarding territorial jurisdiction was framed and objection was neither raised before Trial Court nor taken in memo of appeal, appellate court could not reverse decree on that ground --- In absence of “consequent failure of justice”, defect in territorial jurisdiction is to be treated as a technical error.

--- Ss. 5 & 7 --- Suit for dower --- Denial of Nikahnama --- Burden of proof --- When a party asserts that a Nikahnama is forged or fictitious but fails to challenge its validity through independent legal proceedings upon gaining knowledge of its existence, and the wife proves its execution through the Nikah Registrar and Union Council officials, the document shall be deemed validly executed.

--- S. 5 --- Suit for dower --- Dowered land mentioned in Nikahnama --- Transfer of property to third parties to defeat wife’s claim --- Scope --- Property entered in a Nikahnama as dower creates an obligation upon the husband to keep said property reserved for the wife --- Any subsequent transfer of such property by the husband to third parties, particularly within a short span of time and after the emergence of matrimonial disputes, is deemed a "nefarious design" to deprive the wife of her lawful rights --- Such transactions behind the wife's back are of no legal consequence and cannot operate to divest her of ownership.