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 dower---Satisfaction of decree in instalments---Scope---Husband had not assailed the and decree passed by the Trial Court and the same had attained finality---Judgment and decree which had attained finality could not be reopened in execution proceedings---Sufficient and reasonable leniency had already been advanced in favour of husband by both the courts below---Constitutional petition was dismissed in circumstances. (b) Islamic Law--- ----Dower---Scope---Dower or Mehr was the sum of money or other property which the husband was obliged to pay to his wife as a mark of respect---Dower was the consideration of marriage contract and token of respect for wife---No marriage could take place without fixing dower---Dower had to be paid by the husband to the wife to acquire religious merit and to discharge an obligation or duty towards the wife---Dower was a debt and wife was entitled to receive the same as a creditor of her outstanding dues against her husband---Dower would become due soon after the marriage was consummated or the Nikah was solemnized. Muhammadan Law rel. ORDER MUHAMMAD KAMRAN KHAN MULAKHAIL, J.--- This constitution petition assails the order dated 13-3-2013 passed by the learned Family Judge, Turbat ("trial court") in an execution application filed by the respondent/decree holder in pursuance of the judgment and decree dated 15-11-2012 and against the order dated 22-7-2013 passed by the learned District Judge, Makran at Turbat, whereby, the order dated 13-3-2013 passed in execution application was modified and the petitioner still being aggrieved preferred instant constitutional petition. 2. The brief facts of the case are that the respondent/decree holder filed a suit for recovery of dower amounting to Rs.300,000 and 70 miscal gold, mainly on the averments that the parties were entered into a marriage tie in the year, 2008. In solemnization of `Nikah' the aforesaid amount and gold was fixed as prompt dower of the respondent/decree holder. Whereas, out of 70 miscal gold, 27 miscal gold, were…

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