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Petitioner: Rai NAEEM SHAHADAT VS Respondent: Mst. QAMAR MUNIR and others
Court Name: Supreme Court of Pakistan Judge(s): Faqir Muhammad Khokhar, Sh. Riaz Ahmad, Sardar Muhammad Raza Khan Title: Rai NAEEM SHAHADAT vs Mst. QAMAR MUNIR and others Case No.: Civil Petition for Leave to Appeal No,3890-L of 2001 Date of Judgment:2002-07-02 Reported As: 2004 SCMR 412 Result: Petition dismissed
JUDGMENT
JUDGMENT ' SH. RIAZ AHMAD, C.J.---Leave to appeal is sought againstthe order dated 4-10-2001 of the Lahore High Court, whereby the writ petition filed by the petitioner assailing the judgment and decree passed against him for return of dower was dismissed. 2. The brief facts giving rise to the institution of this petition are that the respondent instituted a suit against the petitioner for return of dowry articles in the Civil Court. During the pendency of the suit, the Family Courts Act, 1964, was amended and the return of dower was also included in the Schedule and thus, the suit was dealt with by the Family Court and the decree was passed for the recovery of dowry articles. An appeal was filed before the learned Additional District Judge, who affirmed the aforesaid decree. Both the aforesaid judgments and decrees were assailed before the High Court in writ petition, which was also dismissed vide the impugned order. 3. In the course of arguments, the learned counsel for the petitioner contended that the impugned order was without jurisdiction, inasmuch as, a suit filed before the Civil Court prior to the amendment in the Family Courts Act could not be decreed by the Family Court and hence the same was without jurisdiction. 4. We are afraid, the contention has no forte because the forum was changed and nobody has a vested right to a particular forum to try his lis. The change of forum is a procedural change and operates retrospectively. We are fortified in this by Adnan Afzal v. Capt. Sher Afzal PLD 1969 SC 187. Consequently, we do not find any merit in this petition and the same is hereby dismissed.