Non-Joinder Objections must be raised at the Earliest Stage; failure to do so waives the Claim --- Supreme Court of Pakistan
Islamabad 18-02-2025: The Supreme Court of Pakistan has dismissed a petition seeking leave to appeal against a Family Court’s decree for the recovery of dowry articles worth Rs. 4.83 million. The case, Muhammad Shakeel & Others Vs. Additional District Judge, Faisalabad & Others (C.P.L.A. 4582/2023), arose from a legal battle over the return of dowry articles allegedly in possession of the Petitioner’s family.
A two-member bench comprising Mr. Chief Justice Yahya Afridi and Mr. Justice Shahid Waheed ruled that the Family Court correctly exercised its jurisdiction, affirming the non-applicability of the non-joinder argument and upholding the factual findings of lower Courts.
The dispute stemmed from a family suit under the Family Courts Act, 1964, in which Respondent No.3 (wife) sought the return of her dowry articles from her husband’s brothers and sister-in-law (the Petitioners). The Family Court granted the decree, ordering the return of the dowry articles, except for some, which were subject to 40% depreciation deduction.
The First Appellate Court and Lahore High Court upheld this ruling, leading the petitioners to challenge the decision before the Supreme Court of Pakistan. Their key arguments included:
- Non-joinder of a necessary party They contended that the Plaintiff’s husband was not made a party, rendering the decree unenforceable.
- Misappreciation of evidence They claimed that the lower Courts failed to properly evaluate the evidence regarding the return of dowry articles.
The Supreme Court of Pakistan ruled that the Petitioners failed to raise the non-joinder argument at the correct stage, thereby waiving their right to contest it. The Court cited Order I, Rule 13 of the CPC and previous precedents, emphasizing that non-joinder objections must be raised at the earliest possible stage, failing which they lose their merit.
The bench further clarified that the Plaintiff’s husband was not a necessary party since the petitioners (husband’s family) were in possession of the dowry articles. The Court distinguished this case from the Fawad Ishaq Vs. Mehreen Mansoor (PLD 2020 SC 269) ruling, where the husband’s inclusion was essential due to his direct obligation to pay the dower.
Addressing the jurisdictional aspect, the Supreme Court of Pakistan stated that Family Court jurisdiction is based on subject matter, not party identity. It highlighted that Section 5 and the Schedule of the Family Courts Act, 1964, empower Family Courts to adjudicate dowry disputes regardless of whether the husband is impleaded.
The Court also emphasized that Family Courts follow an inquisitorial approach, focusing on substance over procedural technicalities, ensuring swift justice in family disputes.
The Supreme Court of Pakistan reaffirmed the limited scope of judicial review under Article 199 of the Constitution, stating that the High Court cannot reassess evidence or act as an appellate body. Instead, certiorari is available only for jurisdictional errors or violations of natural justice.
The Supreme Court of Pakistan also reaffirmed its own judicial restraint in interfering with High Court decisions, stating that it only intervenes when substantial legal flaws exist.
On the issue of evidence, the Court noted that the petitioners failed to provide witness testimony or documentary proof showing that the dowry articles had been returned. The bench found that mere assertions without supporting evidence could not override the factual findings of lower Courts.
Ultimately, the Supreme Court of Pakistan ruled that the Petitioners failed to show any legal or jurisdictional error in the High Court’s decision and dismissed the petition.
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