Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched.---Oaths Act (X of 1873), Ss.8, 9, 10 & 11---Qanun-e-Shahadat, (10 of 1984), Art.163---Constitution of Pakistan, Art.199---Constitutional petition---Suit for recovery of dower, dowry articles and maintenance---Special oath---Estoppel---Offer of plaintiff to withdraw from her claim, if defendant or either of his parents took oath on Holy Qur'an that gold ornaments had been given to plaintiff as dower---Plaintiff also reduced this into writing which had been made part of record---Defendant accepted the offer and took special oath---Proceedings of offer and acceptance of special oath were also completed as post-trial reconciliation---Trial Court decreed suit on basis of such oath---Validity---Plaintiff having made such offer voluntarily, was estopped to reopen the past and closed transaction particularly when she herself had offered the special oath---No injustice had been caused to plaintiff---High Court dismissed Constitutional petition in circumstances. Dr. Abdul Ghafoor Raza and 2 others v. Mst. Razia Begum 1995 SCMR 918; Muhammad Sharif v. Bashir Ahmad 1987 CLC 2006; Attiqullah v. Kafayatullah 1981 SCMR 162; Abdul Sattar v. Judge Family Court, Toba Tek Singh and 2 others PLD 2010 Lah. 484; Bhore Khan v. Noor Din PLD 1993 Pesh. 72; Muhammad Ijaz v. Additional District Judge, Islamabad and 3 others 2005 CLC 1164; Muhammad Haider v. Syed Nasir Abbas Naqvi, Judge Family Court Lahore and another 2011 YLR 1240; Ghulam Qadir v. Muhammad Yaseen 1999 MLD 2852 and Abdul Rehman v. Master Abdul Latif 1999 CLC 573 rel. JUDGMENT HAIDER ALI KHAN, J.--- Through the instant writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners have sought the following relief:---- "It is, therefore, prayed that on acceptance of this writ petition the judgments and decrees of both the Courts below may be declared illegal and without lawful authority to the extent of dower; and suit be decreed in favour of petitioner as prayed in the plaint. Any other relief which this august Court deems necessary may also be granted to petitioner." 2. Brief facts of the case are that the…

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