Law: Family Courts Act, 1964

Section: 5

Law: Constitution of Pakistan, 1973

Section: 185(3)

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5---Constitution of Pakistan (1973), Art. 185(3)---Dower amount, recovery of---Setting aside ex parte decree against deposit of decretal amount as security in cash---Suit of the wife was decreed by the Family Court ex parte against the husband---Husband filed application for setting aside of the decree after two years of passing of the same---Family Court dismissed the application but the same was allowed by Lower Appellate Court with a condition to deposit the decretal amount as security in cash and the decree was set aside---Husband did not deposit the amount and the suit was again decreed against him---Decree passed against the husband was assailed in Constitutional petition Which was dismissed by the High Court ---Validity--­Husband completely ignored to challen the order of deposit of decretal amount passed by Lower Appellate Court before the same Court for review or before High Court to Constitutional petition and thus by implication the husband had accepted the order of Lower Appellate Court and went to Family Court without demur---Where the husband had participated in the proceedings but did not file written statement as directed by Lower Appellate Court, the Family Court rightly struck off the defence of husband and passed the decree for the recovery of dower amount---Both the Courts below and the High Court were justified to have passed order for the deposit of amount of dower before remanding the suit to Family Court for trial---Leave to appeal was refused by Supreme Court. Abdullah v. Mst. Zubaida Begum and others 1988 CLC 163 1 distinguished. Muhammad Farid Khan v. The Civil Judge, Abbottabad 1989 CLC 1630 ref. JUDGMENT MUHAMMAD BASHIR JEHANGIRI, J.---Faiz-ul-Hassan petitioner seeks leave to. appeal against the impugned judgment of the Peshawar High Court, Peshawar, dismissing Writ Petition No.272 of 2000. 2. Mst. Jan Sultan respondent No. l instituted a suit against the petitioner in the Court of respondent No.3, for the recovery of her dower amounting to Rs.1,00,000. It appears that the petitioner had ignored to appear before the trial Court, therefore, ex parte decree was passed against…

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