Law: Family Courts Act, 1964

Section: 5, Schedule

Law: Constitution of Pakistan, 1973

Section: 199

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for recovery of dowry articles---Plaintiff appearing as a witness stated in her cross-examination that list of dowry articles was prepared by her brother and the same was delivered to the defendants along with dowry articles--One of the defendants while appearing as witness had affirmed in cross-examination that a copy of list of dowry articles was given to them at the time ofmarriage but stated that the list exhibited with the suit was not that list which was prepared and given to them along with dowry articles---Validity----No such list had been produced by defendants which had given an adverse presumption against the claim of the defendants and it could safely be gathered that dowry articles given to the defendants were as per the list exhibited---Dowry articles of exhibited list were of such a nature that such articles were ordinarily given to a bride by her parents at the time of marriage---When it was proved that list exhibited was correct, non production of receipts of purchase of dowry articles was not fatal---Constitutional petition was dismissed by High Court in limine. Muhammad Habib v. Mst. Safia Bibi 2008 SCMR 1584 and Muhammad Habib v. Mst. Sfaia Bibi 2008 SCMR 1584 ref. (b) Constitution of Pakistan (1973)--- ----Art.199---Constitutional jurisdiction---Scope---Constitutional juris diction under Art.199 of the Constitution could not be exercised as an appeal---Findings of two courts below about the facts and law could not be disturbed in constitutional jurisdiction unless petitioner succeeded in establishing any error or jurisdictional defect in the s of two courts below. THIS ORDER PASSED BY: HAFIZ ABDUL REHMAN ANSARI, J.--- Through this writ petition, petitioners seek setting aside of judgments and decrees dated 27-6-2009 and 5-10-2009 passed by learned Judge Family Court, Burewala and learned Additional District Judge Burewala District Vehari respectively. 2. Brief facts of the case are that marriage of the plaintiff was solemnized on 8-3-2002 with the defendant according to Shariah. The…

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