Law: Family Courts Act, 1964

Section: 5, Schedule

Law: Constitution of Pakistan, 1973

Section: 199

Law: Limitation Act, 1908

Section: 103

West Pakistan Family Courts Act (XXXV of 1964) --------- ----------S.5, Sched. --------- -Limitation Act (IX of 1908), Art. 103 --------- Constitution of Pakistan, Art. 199 --------- Constitutional petition --------- Suit for recovery of prompt dower --------- Limitation, determination of --------- Both Trial Court and appellate court decreed the suit allowing recovery of dower amount and maintenance --------- Defendant contended that suit for recovery of dower amount was barred under Art. 103 of Limitation Act, 1908, as the same had been filed after six years of divorce --------- Validity --------- Neither any ground of limitation was raised in written statement, nor was issue framed by Trial Court in that respect --------- Limitation pursuant to Art. 103 of Limitation Act, 1908 would start from date of refusal to pay dower amount --------- Mere making of demand of dower amount without any refusal by husband did not attract provision of Art. 103 of Limitation Act, 1908 --------- Limitation would not start unless two conditions, making of demand and refusal by husband, were fulfilled --------- Defendant, in his written statement, had pleaded that he had paid dower amount to plaintiff, but he failed to substantiate the same through evidence --------- Defendant's witnesses, during cross-examination, had admitted that dower amount had not been paid to plaintiff --------- Limitation, in the present case, would, therefore, start from time when written statement had been filed by defendant --------- Present suit was not hit by Art. 103 of Limitation Act, 1908 --------- Constitutional petition was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: MUHAMMAD EJAZ SWATI, JUSTICE:---------- The respondent No. 1 filed a suit for Dower Amount (Haq Maher), Dowry Articles, Maintenance against the petitioner before the Family Judge-II, Quetta (hereinafter the "trial Court") with the averments that the marriage between the spouses was solemnized on 5th November 1998, whereby Rs.500,000/- was fixed as Haq-Maher payable on demand, which has not been paid by the petitioner. Out of the wedlock, a baby child namely Laiba Ali was born on 13th August 2000 and the birth expenses…

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