Law: Limitation Act, 1908

Section: 120

Law: Limitation Act, 1908

Section: 120

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---Husband (petitioner) assailed concurrent findings of the courts below whereby suit of wife was decreed---Contention of the husband, inter alia, was that the wife (respondent) left the husband on her own accord, and that the husband had divorced the wife, therefore she was not entitled to maintenance---Validity---Husband had brought nothing on record to substantiate such alleged divorce and it remained unproved---Wife, whose husband had attempted to kill her and caused bullet injuries to her, would remain under constant threat---Wife, still had a bullet stuck in her, and leaving the husband in such precarious conditions, was nothing out of the ordinary, especially when husband was of short-temper and had a harsh attitude---Wife was not living away from husband on her own accord, but for unavoidable reasons , and therefore, the husband's claim that the wife remained away from the husband on her own accord, did not seem logical---Orders of courts below did not require any interference and the same were based on appreciation of evidence and no non-reading or misreading of evidence was brought forward---Constitutional petition was dismissed. Abdul Hamid for Petitioner. M. Imtiaz Agha for Respondent No.1. Date of hearing: 21st December, 2011. JUDGMENT SALMAN HAMID, J.--- The respondent No.1 a mother of two and a divorcee, was married to the petitioner who also lost his wife due to her natural death. At the time of marriage of the respondent No.1 with the petitioner, it seems that dower amount of Rs.2000/- was settled and House No.1931, Ghazi Nagar, Siddique Wahab Road, Usmanabad, Karachi, measuring 60 square yards, (House): was also settled towards dower. The petitioner and the respondent No.1 for most of time of their marriage remained at odds and it seems that the petitioner in or about 1992 attacked the respondent No.1 with the result that she sustained bullet injuries and a case of attempted murder was also filed, which however, subsequently was withdrawn and/or compromised…

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