Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5. Sched.---Constitution of Pakistan, Art.199---Constitutional petition---Recovery of dowry articles---Wife sought recovery of gold ornaments weighing 12 tolas and the same was decreed in her favour---During execution husband intended to pay market value of gold prevalent at the time of filing of suit---Validity---Wife had only prayed for recovery of 12 tolas of gold ornaments and she did not fix price of gold jewellery in alternative---Decree for recovery of 12 tolas gold jewelry was passed by lower Appellate Court in favour of wife---Husband had the option either to hand over 12 tolas of gold jewellery to wife or in case he was not in position to do so, then to compensate wife in terms of money equal to an amount that would enable her to purchase 12 tolas gold from open market---Executing Court rightly held that wife was entitled to recover present market value of gold jewelry---Petition was dismissed in circumstances. Mst. Ayesha Shaheen v. Khalid Mehmood and another 2013 SCMR 1049 rel. Mst. Mehbooba v. Abdul Jalil 1996 SCMR 1063 distinguished. Habib Ullah Malik for Petitioner. ORDER MAMOON RASHID SHEIKH, J.--- This petition calls into question the judgment dated 18-5-2013 passed by the learned executing Court/Judge Family Court, Rawalpindi (respondent No.4) and the judgment dated 25-11-2013 passed by the learned Additional District Judge, Rawalpindi (respondent No.3). 2. The brief facts giving rise to this petition are to the effect that respondents Nos.1 and 2 filed a suit for recovery of maintenance, dower and dowry, etc. against the petitioner. 3. The petitioner also filed a separate suit for restitution of conjugal rights against respondent No.1. Both suits were consolidated and through the consolidated judgment and decree dated 15-3-2010 the learned Judge Family Court, Rawalpindi, partially decreed respondents Nos.1 and 2's suit to the extent that the minor respondent No.2 was allowed maintenance. Respondent No.1 was awarded the dower and dowry, however, her claim for recovery of 12 tolas gold jewellery was dismissed. The petitioner's suit for restitution of conjugal rights was also dismissed. 4.…

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