Law:

Section:

(a) Oaths Act (X of 1873)--- ----Ss. 9 & 10---Qanun-e-Shahadat (10 of 1984), Art.163---Special Oath---Acceptance or denial of claim on oath---Where an offer of Special Oath made by one party was accepted by the other party, none could be allowed to travel beyond the offer made. (b) Family Courts Act (XXXV of 1964)--- ----S.5 & Sched.---Dowry articles---Special Oath---Wife made offer of Special Oath only to the extent of claim of dowry articles which was accepted by the husband---Husband while recording his statement on Special Oath regarding claim of dowry articles travelled beyond the offer and introduced a new factum of gold ornaments alleging the same in possession of wife---Held, that voluntary portion introduced by the husband during his Special Oath was not the mandate of the offer made by the wife---Said portion could neither be read in favour of the husband nor against the wife---Constitutional petition was dismissed. (c) Dowry and Bridal Gifts (Restriction) Act (XLIII of 1976)--- ----S.5---Dowry---Vesting of dowry in the bride---Gold ornaments were included in the bridal gifts and were exclusive property of wife---Section 5 of the Dowry and Bridal Gifts (Restriction) Act, 1976 clearly stated that the articles given as dowry and bridal gifts to the bride shall remain property of the bride. Muhammad Arshad v. Additional District Judge and 2 others 2015 CLC 463; Mst. Mussarat Iqbal Niazi v. Judge Family Court and others 2013 CLC 276; Najeeb Ullah v. Mst. Makhdoom Akhtar and another 2009 YLR 1823; Mst. Shahnaz Begum v. Muhammad Shafi and others PLD 2004 Lah. 290 and Ghulam Rasool v. Judge, Family Court 1991 CLC 1696 ref. (d) Family Courts Act (XXXV of 1964)--- ---S.5, Sched. & S.9---Counter claim of gold ornaments by husband---Written statement---Scope---Neither S.9 nor Sched. of S.5 of Family Courts Act, 1964 envisaged that the husband/defendant could establish counter claim of gold ornaments in his written statement. THIS JUDGMENT DELIVERED BY: JAWAD HASSAN, J.--- Through this Petition, the Petitioner has prayed to set aside the order dated 17.02.2012, passed by the learned Judge Family Court, Faisalabad and 17.03.2012, passed by the learned…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492