Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched.---Constitution of Pakistan, Art. 199---Constitutional petition---Suit for recovery of dowry----Contention of wife was that at the time of the marriage her parents gave her certain dowry articles including jewellery---Suit was decreed concurrently----Validity---Dowry articles were given to the wife by her parents consisted of household articles and other items including jewellery; and said items were shifted to the husband's house---(Wife) due to the ill attitude of the husband left his house for good and thereafter filed suit for dissolution of marriage by way of khulla and return of dowry articles---Lengthy proceedings took place before the Trial Court where both the parties led their evidence and detailed cross-examination was made and the Trial Court after hearing both the parties through exhaustive order decreed the suit in favour of the wife---Trial Court while examining the father of the defendant-petitioner (husband) had observed that he had admitted in his cross-examination that the (wife) had brought all the articles mentioned in the plaint and the list to the husband's house which proved that the wife had taken all the items mentioned in the dowry list along with her to the husband's house---Number of receipts were produced before the Trial Court and the Trial Court after considering each and every receipt had passed the decree only in respect of those receipts which in its opinion appeared to be genuine---Dowry articles were not returned and were still with the husband and he was obliged to either return the same or to pay the cost---Courts below thrashing out the issue had come to the unanimous conclusion that prima facie case had been made out against the husband---Constitutional petition was dismissed. ORDER IRFAN SAADAT KHAN, J.---This constitutional petition has been filed with the following prayers:-- (a) Call for the Record and Proceedings of Family Appeal No.37 of 2011 and R & P of Family Suit No.1921 of 2009 from the trial and appellate Courts of learned respondents Nos.2 and 3. (b) To set aside the impugned judgment dated 6-10-2011 and decree dated 22-10-2011 passed by…

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