Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched.---Constitution of Pakistan, Art. 199---Constitutional petition---Suit for recovery of dower, maintenance allowance and restitution of conjugal rights---Deferred dower, claim of---Scope---Wife filed suit for recovery of dower and maintenance allowance whereas husband filed suit for restitution of conjugal rights---Both the suits were consolidated and Trial Court decreed suit of wife whereas suit of husband was dismissed but Appellate Court dismissed suit of wife to the extent of recovery of dower and decreed the suit for restitution of conjugal rights subject to payment of dower as well as maintenance allowance with certain modifications---Validity---No dispute existed with regard to the amount fixed as deferred dower---Husband could not be allowed to aprobate and reprobate at the same time---Deferred dower could only be claimed after dissolution of marriage or in case of death of husband---Impugned s and decrees to the extent of grant of dower amount were not sustainable in the eye of law---Husband was liable to maintain his wife according to his means and keeping in view the expenditures which were normally incurred in everyday life---Husband was man of means and was in a position to maintain his wife by making the payment of Rs. 2000 per month---Impugned s and decrees to the extent of dower amount and condition to pay the same were set aside---Constitutional petition was accepted in circumstances. Para 290 of Muhammad Law and Saadia Usman and another v. Muhammad Usman Iqbal Jadoon and another 2009 SCMR 1458 rel. THIS JUDGMENT DELIVERED BY: ATIR MAHMOOD, J.--- Brief facts of the case are that on 6-9-2010, respondent No.2 Mst. Shabana filed a suit for recovery of dower of gold ornaments weighing 25 tolas as well as for recovery of maintenance allowance against the petitioner on account of bad behaviour of the petitioner. The petitioner contested the suit by filing written statement. On the other hand, the petitioner filed a suit for restitution of conjugal rights. Both the suits were consolidated. Out of divergent pleadings of the parties, issues were framed. Evidence led by the parties was…

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