Law: Family Courts Act, 1964

Section: 5,12A

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Family Courts Act (XXXV of 1964)--- ---Ss.5 & 12-A---Constitution of Pakistan (1973), Art.199---Constitutional petition---Family dispute---Delay in trial---Suit for recovery of prompt dower,maintenance and dowry articles filed by wife was pending before Family Court and husband had been delaying the same on one pretext or the other---Validity---Contention of husband that wife refused to submit herself to cross-examination was not well founded, even before High Court, wife repeatedly made offer to undergo for cross-examination but husband appeared to have adopted hardened stance, thus court below had rightly rejected application filed by husband---Court below had rightly recorded that family matters should be decided as quickly as possible and according to mandate of S.12-A of West Pakistan Family Courts Act, 1964, matter should be decided within six months---High Court directed Family Court to allow a period of one month to husband for cross-examination of wife and after completing evidence of both the sides to decide the matter positively within a period of three months---Petition was dismissed accordingly. Mst. Nasim Sharif v. Imtiaz Ali Khan and 3 others 2006 CLC 1393; Pir Mazharul Haq and others v. The State PLD 2005 SC 63; Mrs. Anis Haider and others v. S. Amir Haider and others 2008 SCMR 236; Hakeem v. The State PLD 1963 Karachi (W.P.) Karachi 63; Ranjah v. The Stated PLD 1962 Baghadad-ul-Jadid 12; Nizamnddin and others v. The State 1991 PCr.LJ 1707; Muhammad Abbas v. The State 1972 PCr.LJ 649; Muhammad Shafi v. The State PLD 1967 SC 167 and Jalauddin Ahmed v. The Crown PLD 1957 Dacca 322 ref. THIS JUDGMENT DELIVERED BY: SHAHID ANWAR BAJWA, J.--- In this petition, petitioner is husband and respondent No.2 is his wife. Parties were married at Karachi according to Muslim Personal Law of Shia Sect on 10-10-1998, dower was fixed at Rs.51,000. Marriage between petitioner and respondent No.2 still subsists. In 2006 petitioner filed Family Suit bearing No.1240/2006 in the court of 3rd Civil and Family Judge, Karachi East with following prayers:-- (a) Ordering the defendant to pay the plaintiff prompt dower amount i.e. Rs.51,000 (Rupees Fifty…

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