Law:

Section:

(a) 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 jewellery---Contention of wife was that at the time of marriage her parents had given dowry articles including gold ornaments which were still lying with the husband---Trial Court decreed the suit which was maintained by the Appellate Court with certain modifications---Validity---After pronouncement of divorce wife was residing in the flat where she was living with husband before divorce---Trial Court rightly allowed maintenance for Iddat period its order about jewellery was just and proper---Rate of maintenance fixed by the Appellate Court did not require interference---Constitutional petition was dismissed. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Concurrent findings of two courts below could not be interfered in exercise of constitutional jurisdiction. Mst. Farhat Jabeen's case 2011 SCMR 1073 rel. THIS ORDER PASSED BY: AFTAB AHMED GORAR, JUSTICE:---.--- Through this constitutional petition the petitioners have impugned the judgment dated 25-03-2011 passed by learned IVth Additional District Judge, Karachi Central in Family Appeal No. 81 of 2010 whereby he maintained the judgment dated 10-03-2010 passed by IInd Civil and Family Judge, Karachi Central with certain modification. Brief facts of the case are that petitioner No. 1 filed a suit for recovery of maintenance and gold jewellery stating therein that she was married with respondent No. 1 on 28-02-2002 and from the said wedlock two children namely Maryam and Mustafa were born. She asserted that at the time of marriage her parents had given precious dowry articles including gold ornaments worth Rs.800,000 which are still lying with respondent No. 1. She further stated that respondent No. 1's attitude was cruel and besides physical beatings she was also being subjected to mental torture. He also did not properly maintain her and her children. Respondent No. 1 was working in Habib Metropolitan Bank as Manager and his salary is Rs.40,000 per month. In the month of…

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