Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)---Ss.5, Sched. & 10(4)---Constitution of Pakistan, Art.199---Constitutional petition---Suit for dissolution of marriage on the basis of khula---Claim of dower amount and maintenance by wife---Scope---Suit for dissolution of marriage filed by wife was decreed in her favour on the basis of khula but the claim of recovery of dower amount and maintenance was dismissed---Appellate court partially allowed the appeal and granted maintenance allowance---Validity---Lady had demanded dissolution of marriage on the basis of khula, therefore she was not entitled to receive any kind of dower from the husband---Findings of lower appellate court were non-sustainable in the eyes of law and the same were set aside. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched.---Constitution of Pakistan, Art.199---Constitutional petition---Suit for recovery of dowry articles i.e. clothes and gold ornaments mentioned in the list of dowry articles---Scope---Suit filed by lady was decreed as per list of dowry articles provided by her before Family Court---Appellate court modified the of Family Court and excluded the clothes and gold ornaments from list of dowry articles---Contention of the lady was that she had proved the list of dowry articles through cogent and reliable evidence, therefore appellate court had unjustifiably modified the of Trial Court---Validity---Parties had remained in nuptial tie for more than ten years---Clothes mentioned in list of dowry articles would have lost their utility by their use for such a long time during subsistence of marriage---Gold ornaments which were very dear to a lady and usually remain in her custody, lady claiming the same could not establish through cogent and reliable evidence that the articles/ gold ornaments were snatched by husband from her---Appellate court had rightly rectified the order of Family Court by excluding the articles in question from the list of dowry articles---Constitutional petition was dismissed. ORDER MUHAMMAD FARRUKH IRFAN KHAN, J.---I intend to dispose of the above mentioned writ petition as well as Writ Petition No.1242 of 2010 titled "Mst.…

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