' SYED SAEED-UD-DIN NASIR, J.---Through this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner has impugned the validity of Order dated 16.3.2015 passed by the IVth Additional District Judge, Karachi-East in Civil Revision Application No,61 of 2014, whereby the learned Additional District Judge, Karachi-East allowed the aforesaid application and as a consequence thereto rejected the plaint in Suit No,1132 of 2013 pending before the 1st Senior Civil Judge, Karachi-East, under Order VII, Rule 14 Code of Civil Procedure, 1908.
1. Brief facts of the case are that the petitioner got married to the respondent No,1 Mst: Fahmida Khatoon on 23.5.2003 and dower amount was fixed at Rs,10,000/-. Out of wedlock two minors namely; Baby Misbah Maqsood and Master Muhammad Harmain Maqsood were born. The petitioner himself executed divorce with mutual consent of the respondent No,1 but continued to reside at the house of respondent No,1, as he was already residing with the respondent No,1 in her house since the beginning, being her first cousin. The sister of respondent No,1 is also married to the brother of the petitioner, who are leading happy married life. According to the petitioner, the respondent No,1 left the house of the petitioner along with two minor children in his absence, when the petitioner was away from Karachi celebrating Eid-ul-Fitr with his family in Shikarpur.
2. After celebrating Eid-ul-Fitr, the petitioner returned to Karachi came to his flat but he found it locked, therefore, he went to the house of his mother-in-law to bring the respondent No,1 and minors to his house, but he found no proper response and the behavior of the in-laws was also rude and irresponsive, but nobody was ready to disclose the factual position. The petitioner ran from pillar to post but he could not find his wife and children. After getting disappointed from all sides, the petitioner thought that the brothers of the respondent No,1 might have put her and minors under illegal confinement or have committed murder of his wife and children, because there was a dispute on distribution of inheritance was going on between them. Under such circumstance, the petitioner approached to Police Station Shahra-e-Faisal, Karachi and lodged FIR No,536/2013 under Section 342/506-B/B, P.P.C. Against brothers and other family members of the respondent, at this stage they disclosed that the respondent No,1 has contracted marriage with another person and they have flown away to Saudia on 04.8.2013. They also provided some documents and other information about the respondent No,1 and the minor children of the petitioner.
3. The petitioner filed an application for recalling/setting aside the order dated 22.3.2013 and Guardianship Certificate dated 27.3.2013, in G&W Application No,124 of 2013 before the learned Family Judge, Karachi- South, for which summonses were served upon the respondent No,1 and counter affidavit was filed on behalf of respondent No,1 and after hearing the parties the learned trial Court allowed the application of the petitioner and recalled the order dated 22.3.2013 and cancelled the Guardianship Certificate dated 27.3.2013 vide; order dated 04.11.2013. The learned Family Court, Karachi-South has granted the opportunity to the petitioner to contest the matter, and at present the case is fixed for respondent's evidence. However, it is alleged by the petitioner that no evidence is being produced by the respondent No,
1. The petitioner has filed a Civil Suit No,1132 of 2013 in the Court of 1st Senior Civil Judge, Karachi-East for declaration and cancellation of above mentioned documents. In the said suit the respondent No,1 and respondent No,4 have filed their written statements, whereas the respondent No,6 has filed objections only. The suit was decided ex-parte against the respondents Nos.2 to 5. It is pertinent to mention here that the process against the respondent No,5 returned un-served, with report of the bailiff along with statement of the Muftis of the Area that no Nikah Khwan namely; Maulana Qazi Muhammad Azeem, had ever been in this U.C. The petitioner alongwith the said suit also filed an application under Order XXXIX, Rules 1 and 2, C.P.C. Read with Section 151, C.P.C. Before the respondent No, 7 1st Senior Civil Judge, Karachi-East. The respondent No,1 filed an application under Order VII Rule 11, C.P.C., both the applications were dismissed by the respondent No,7 1st Senior Civil Judge, Karachi- East, holding that the controversy between the parties can only be resolved after recording the evidence.
4. The respondent No,1 challenged the said order through Civil Revision No,61 of 2014 before the IVth Additional District Judge, Karachi- East (respondent No,8) which has been allowed by him, vide impugned order and plaint of the suit has been rejected, therefore, the petitioner preferred the instant petition.
5. Prima facie the dispute between the petitioner and the respondent No,1 appears to be of family nature and it is within the exclusive domain of Family Court to entertain and adjudicate upon the same.
6. In our view the learned Vlth Additional District Judge, Karachi-East has rightly held that since the main contention between the petitioners and the respondent No,1 is one that of the nature of a family dispute, therefore, the Family Court shall have an exclusive jurisdiction to entertain and adjudicate upon the same which under Section 5 of the Family Courts Act is in exclusive domain of the Family Court regarding the matters pertaining to jactitation of marriage, guardianship and custody of children as per the schedule annexed thereto.
' We, therefore, see no reason to interfere with the order of the learned IVth Additional District Judge, Karachi-East dated 16.3.2015 passed on Civil Revision Application No,61 of 2014 consequently, the instant petition is dismissed in limini at Katcha Peshi stage along with all the listed applications.