Law: Muslim Family Laws Ordinance, 1961

Section: 6(5)

Law: Constitution of Pakistan, 1973

Section: 199

Law: Family Courts Act, 1964

Section: 5,Sched

(a) Muslim Family Laws Ordinance (VIII of 1961)-- ----S. 6(5)---West Pakistan Family Courts Act (XXXV of 1964), S.5, Sched.---Constitution of Pakistan, Art.199---Constitutional petition---Polygamy---Payment of dower in case husband contracted a second marriage without permission of Arbitration Council---Scope---Suit for recovery of maintenance allowance, and dower was decreed inter alia on the ground that the husband had taken a second wife without obtaining permission of the Arbitration Council in terms of S.6(5) of the Muslim Family Laws Ordinance, 1961---Contention of the husband/petitioner was that suit for recovery of downer could not be decreed as the dower was deferred and not prompt---Held, that language of S.6(5)(a) of the Muslim Family Laws Ordinance, 1961 was very clear that in case a man contracted a second marriage without the requisite permission from the Arbitration Council concerned, he shall be liable to immediately pay to the existing wife/wives, the entire amount of the dower due, whether the same was prompt or deferred---In the present case, nothing was on record which showed that the husband/petitioner obtained the necessary permission from the Arbitration Council concerned---No illegality, therefore, existed in the impugned order---Constitutional petition was dismissed, in circumstances. Syed Mukhtar Hussain Shah v. Mst. Saba Imtiaz and others PLD 2011 SC 260 and Saadia Usman and another v. Muhammad Usman Iqbal Jadoon 2009 SCMR 1458 distinguished. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Concurrent findings of fact by courts below---In absence of a jurisdictional defect, High Court in exercise of its constitutional jurisdiction, normally did not interfere in concurrent findings of fact arrived at by courts below, unless a case of grave miscarriage of justice was made out. [p. 213] B Waqar Haider Butt v. Judge, Family Court and others 2009 SCMR 1243; Shamshad Begum v. Mst. Huma Begum and others 2008 SCMR 79; Arshad Mehmood v. Additional District Judge, Rawalpindi and 5 others 2001 SCMR 516; Haji Abdullah and 10 others v. Yahya Bakhtiar PLD 2001 SC 158 and Hanif and others v. Malik Ahmad Shah…

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