Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----S.5 & Sched.---Constitution of Pakistan, Art.199---Constitutional petition---Suit for dissolution of marriage and recovery of dower---Suit was partially decreed to the extent of dissolution of marriage on ground of khula subject to the condition that the wife would not claim prompt dower and claim of wife for recovery of dowry articles was dismissed---Contention of the wife was that she had proved cruelty of the husband towards her and as such she could not be held disentitled to claim prompt dower---Validity----Wife could not prove that she was subjected to cruelty and had been rightly declined dissolution of marriage on said ground---Findings of Family Court were not exceptional however, quantum of prompt dower required to be returned in lieu of decree of dissolution of marriage needed to be re-determined---Husband admittedly boasted a previous wife and fathered two previous children and concealed said fact from the wife at the time of marriage and in the nikahnamma, therefore, wife had hatred and abhorrence against the husband---When in such a situation the hatred justifying the dissolution on ground of khula was not volunteered on part of wife and generation of such hatred was contributed by the acts of the husband, the returnable dower may be reduced---High Court, in the light of said findings, reduced returnable dower to half---Constitutional petition was partly allowed in circumstances. Abdul Aleem Khan v. Tabinda Nasser Qazi and another PLD 2011 Kar. 196 rel. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----Ss. 17 & 5 Sched.---Qanun-e-Shahadat (10 of 1984), Preamble---Standard of proof required for suit for recovery of dowry articles stated. Abdul Aleem Khan v. Tabinda Nasser Qazi and another PLD 2011 Kar. 196; Muhammad Javed Iqbal v. Mst. Tahira Naheed and others 2002 CLC 1396; Mst. Allah Rakhi v. Tanvir Iqbal and others 2004 SCMR 1739; M. Jaffar v. Additional District Judge and others 2005 MLD 1069; Muhammad Habib v. Mst. Safia Bibi and others 2008 SCMR 1584; 2004 SCMR 1739 and Muhammad Habib v. Mst. Safia Bibi and others 2008 SCMR 1584 rel. ORDER IJAZ AHMAD, J.---This order…

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