P L D 1982 Peshawar 155 (PLP)

INAYAT ELAHI KHAN, J.-This writ petition is directed against the order of the Family Court dated 12-5-1980 whereby Mst. Naeema Akhtar respon dent No. 3 and her minor son were allowed to amend their plaint to insert the prayer for the recovery of Rs. 10,000 as dower,

2. The learned counsel for the petitioner has -assailed the impugned order placing reliance on section 17 of the West Pakistan Family Courts Act, 1964 (Act No. XXXV of 1964) which provision of law excludes the appli cation of Civil Procedure Code to the proceedings before the Family Court excepting sections 10 and 11 thereof. It is also contended by the learned counsel for the petitioner that the order allowing amendment of the plaint is without jurisdiction as the provisions of the West Pakistan Family Courts Act do not envisage the grant of permission for amending the pleadings and thus it is argued that the impugned order is passed without lawful authority and is liable to be struck down for the aforesaid reason.

3. From the preamble it is clear that the Family Courts Act was enacted for the expeditious settlement and disposal of disputes relating to marriage and family affairs and for matters connected therewith. The amendment sought was allowed by the Family Court with a view to avoid multiplicity of suits between the parties and to save them from the unnecessary expense.

4. The suit of the plaintiff-respondent No. I and her minor son was for the recovery of the maintenance as well as the articles of dowry and in the application for amendment of the plaint dated 29-3-1980 it is alleged that during the pendency of the suit the plaintiff-respondent came to know that the petitioner has taken a second wife without the consent of respondent No. 2 and thus it was prayed that she should be allowed to insert the prayer for the recovery of the prompt dower outstanding against the petitioner. In 1979 C L C 465 it was held :- "The main prayer for the respondent's suit is for a declaration that "rela tionship of wife and husband never existed and does not exist between her and the applicant. It is true that her subsequent prayers are for adjudging the Nikahnama dated 17th February, 1978 as a forged document and for its cancellation. But these additional prayers are con sequential reliefs and, in my opinion, will not alter the character of her suit, which is essentially for perpetually silencing the alleged false claim of marriage put forward by the applicant. In my opinion, the suit continues to retain its character as suit for jactitation of marriage, which is exclusively within the jurisdiction of the Family Court to entertain, hear and adjudicate under section 5 of the Family Courts Act, 1964 and, as such, its trial by Civil Court is barred." Similarly the judgment reported in P L D 1977 Lah. 718 ; is to the effect that the West Pakistan Family Courts Act was enforced for the purpose of conferring exclusive jurisdiction on Family Courts for expeditious settlement and disposal of disputes relating to marriage and other family affairs connected therewith and thus the Family Court has the exclusive jurisdiction to entertain, hear and adjudicate upon the matters specified in the schedule. Thus it is clear that by allowing the amendment, called in question by the petitioner in this writ petition, the Family Court has not exceeded its jurisdiction and the order was passed in the best interest of both the parties to avoid another round of litigation between them. Even otherwise in the absence of any prohibition in law the Family Court was justified to pass any order in the interest of justice and for the expeditious disposal of any, dispute relating to marriage which was within its exclusive jurisdiction. There fore, no fault can be found with the impugned order of the learned Family Court dated 12-5-1980. The Nikahnama placed on the file also shows that an amount of Rs. 10,000 was mentioned therein as prompt dower at the time of Nikah. This writ petition being without any merit is dismissed with no order as to costs. S. A. H. Petition dismissed.