| Citation(s) |
|---|
| 2010 SLG 1096 2010 SLD 1096 2010 PLJ 307 |
Lahore High Court
W.P. No. 3308 of 2008, hearing Date : 25.06.2009.
RAJA MUHAMMAD SHAFQAT KHAN ABBASI, JUSTICE
Rana A.D. Kamran, Advocate for Petitioner. Rana Asif Saeed, Advocate for
Respondent Nos. 2 & 3.
W.P. No. 3308 of 2008, hearing Date : 25.06.2009.
RAJA MUHAMMAD SHAFQAT KHAN ABBASI, JUSTICE
Rana A.D. Kamran, Advocate for Petitioner. Rana Asif Saeed, Advocate for
Respondent Nos. 2 & 3.
MUHAMMAD SAEED
VS
DISTRICT JUDGE, VEHARI & 2 OTHERS
Law:
Section:
Constitution of Pakistan, 1973-- ----Art. 199--Constitutional petition--Value of dowry articles was reduced--Suit for recovery of dowry articles valuing Rs. 2,48,000/- was decreed--Appeal was partly allowed--Female in her statement deposed that dowry article valuing Rs. 2,50,000/- had been given to her at time of her marriage, where her father while appearing stated that value of dowry articles was about Rs. 1,14,000/--Held: In view the financial status of the parents of plaintiff, she was entitled to get dowry articles of valuing Rs. 1,00,000/- however rest of her claim was declined--First Appellate Court after reappraising the evidence available on the record proceeded to partly allow the appeal of the petitioner and reduced the amount of dowry articles to Rs. 75,000/- from Rs. 1,00,000/- No illegality or infirmity or misreading of evidence had been pointed out for petitioner calling for interference by High Court--Petition was dismissed. THIS JUDGMENT DELIVERED BY: RAJA MUHAMMAD SHAFQAT KHAN ABBASI, JUSTICE---.--- The petitioner, namely, Muhammad Saeed son of Ch. Muhammad Sarwar, by filing this constitutional petition has assailed the judgments and decrees dated 18.3.2008 and 17.5.2008 passed by the learned Judge Family Court, Vehari and the learned Additional District Judge, Vehari, respectively and sought setting aside thereof being illegal, void, ab-initio and without lawful authority. 2. Precisely the facts giving rise to this petition are that Respondents No. 3 (Mst. KalsoomAkhtar daughter of Ch. Muhammad Mushtaq) filed a suit for recovery of dowry articles valuing Rs. 2,48,000/- which was contested by the petitioner/defendant by filing a written statement; out of the divergent pleadings of the parties, the trial Court proceeded to frame three issues including that of relief; both the parties led evidence to prove their respective claims; the learned Judge Family Court after considering the evidence led by the parties, vide its judgment dated 18.3.2008, decreed the suit of the respondent/plaintiff in the following manner: "For what has been discussed above, the suit of the plaintiff for dowry articles is decreed to the extent of Rs. 1,00,000/- as its…
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