Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)---S. 5, Sched.---Constitution of Pakistan, Art. 199---Constitutional petition---Suit for recovery of maintenance allowance and dowry articles---Contention of husband was that wife had brought dowry articles with gold ornaments but had taken back in his absence, however, in presence of his mother---Trial Court decreed the suit which was maintained by the Appellate Court with certain modifications---Husband contested to the extent of grant of amount of gold ornaments as well as cash amount---Mother of husband-defendant did not appear before the Trial Court to prove that plaintiff-wife took away dowry articles along with gold ornaments with her---Plaintiff-wife was required to prove not only the bringing of gold ornaments to the house of defendant-husband but also leaving the same at the time of her desertion which onus she had failed to discharge---Plaintiff-wife had to prove her case rather to take the benefit of defendant's omission/admission--- No receipt of goldsmith was produced to prove the purchase of gold ornaments---Maternal uncle of plaintiff-wife prepared the list of dowry articles and mentioned gold ornaments in the same---Plaintiff-wife had entered with third Nikah with the defendant-husband and it was important for her to retain the gold ornaments which she had---Seven tolas of gold ornaments along with 25 tolas of silver were written in the list of dowry articles without any receipt from the shop---Appellate Court had not recorded convincing reasons while setting aside the of the Family Court---Constitutional petition was partly accepted, in circumstances. JUDGMENT ALI BAQAR NAJAFI, J.---The petitioner seeks setting aside of consolidated judgment dated 12-4-2010 passed by the Additional District Judge, Khanpur/respondent No.1 whereby he granted maintenance of Rs.1,000 per month along with dowry articles valuing R.3.3,04,875 to respondent No.3 and dismissed the appeal of the petitioner filed against the judgment and decree dated 5-1-2010 passed by learned Judge Family Court, Khanpur/respondent No.2 whereby he decreed the suit of respondent No.3 to the extent of dowry articles amounting to Rs.1,20,000…

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