Case Details

Citation(s)
2016 SLG 2780 2016 SLD 2780 2016 YLR 2830
Peshawar High Court, D.I. Khan Bench
W.P. No.821 of 2011, decision dated: 19-11-2013, hearing DATE : 19-11-2013.
ABDUL LATIF KHAN, JUSTICE
Abdur Rashid Khan for Petitioner. Ghulam Hur Khan Baloch for
Respondents.

AAMIR NAVEED.

VS

SANA AMBREEN AND 2 others.

Law:

Section:

Family Courts Act (XXXV of 1964)---.--- ---.---S. 5, Sched.---.---Constitution of Pakistan, Art. 199---.---Constitutional petition---.---Suit for dissolution of marriage, recovery of maintenance allowance, dower, dowry articles and gold ornaments---.---Parties were not serious in their reunion and settlement and had accused each other for bitter relations---.---Spouses were not in a position to observe the limits of Allah Almighty and Family Court had rightly dissolved the marriage---.---Nikah Nama had denoted the factum of fixation of dower amount and payment of the same was not proved---.---Father was bound to maintain minor children whether residing with mother or otherwise---.---Amount of maintenance fixed by the courts below keeping in view the financial position and status of father was reasonable and could hardly be sufficient to meet the everyday expenses of minor girl---.---List of dowry articles annexed with the plaint would speak about dowry articles given at the time of marriage by parents of wife to the husband---.---Husband had admitted in his statement that some dowry articles were brought by wife at the time of marriage---.--W.ife had produced receipts of certain items of dowry articles and Family Court had considered only such items in respect of which receipts were available and remaining items were not taken into account---.--W.ife had successfully proved the claim with regard to dowry articles---.---Claim of wife with regard to gold ornaments had been taken into consideration in the light of available evidence which was not proved through tangible evidence---.--W.ife had admitted that she had received gold ornaments at the time of marriage---.---No infirmity was pointed out by the husband in the impugned s and decrees passed by the courts below---.---Findings recorded by the courts below were neither perverse nor arbitrary---.---Constitutional petitions were dismissed in circumstances. THIS JUDGMENT DELIVERED BY: ABDUL LATIF KHAN, JUSTICE:---.------ Through this single judgment, we propose to dispose of W.Ps. Nos.821/2011, 87-D/ 2013 and 130-D/2013 as all the three petitions are the outcome of one and the same suit. 2. Learned counsel for…
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