Law: Family Courts Act, 1964

Section: 5,Sched

Law: Family Courts Act, 1964

Section: 5,Sched

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5, Sched.---Constitution of Pakistan, Art.199---Constitutional petition---Suit for recovery of maintenance allowance and dower was decreed---Contention of husband was that he had stated before the Family Court that dower had been paid to the wife on the wedding night, therefore, findings of courts below were incorrect---Validity---Mere statement before Family Court could not be considered as proof of payment of dower and the husband was bound to prove the same through evidence---In absence of cogent evidence, simple statement could not be considered as a proof, and in such a case, the onus would not shift to the wife to disprove the claim of the husband---Dower in fact was a debt against the husband in case the dower amount is not paid, the wife would have right to refuse the performance of her marital obligations---Once it was proved that the dower had not been paid, the wife would be entitled to stay away from the husband and the husband would be bound to pay maintenance to the wife---Husband, in the present case, did not prove that he had paid dower to his wife, therefore, the wife was entitled to receive maintenance allowance---Constitutional petition was dismissed accordingly. Jan Muhammad Khan for Petitioner. Syed Wajid Ali Gillani for Respondent No.1. Date of hearing: 21st February, 2013. JUDGMENT RIAZ AHMAD KHAN, J.--- This judgment is directed to dispose of Writ Petition No.334 of 2012. 2. Brief facts of the case are that petitioner Shakeel Hussain Shah married respondent No.1 Bushra Hameed on 22-4-2009. Unfortunately, after the marriage, the relations became strained and in May, 2010, the respondent wife left the house of the petitioner. According to respondent wife, she was maltreated and was given beatings, so she had to leave the house, whereas contention of the petitioner husband is that the respondent wife had left the house at her own sweet-will. Respondent wife thereafter filed suit for recovery of dower amount Rs.3,00,000/- and maintenance allowance at the rate of Rs.4000/- per month. Afterwards prayer regarding recovery of dowry articles was also added to the plaint. Whereas, the…

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