Law:

Section:

Family Courts Act (XXXV of 1964)--------- ----------S. 5, Sched.---------Constitution of Pakistan, Art. 199---------Constitutional petition---------Suit for recovery of dowry articles---------Gold ornaments being bridal gifts would become personal property of wife---------Wife was entitled to recover gold ornaments from the husband---------Finding of Appellate Court with regard to gold ornaments was based on cogent reasons---------Judgment of Appellate Court being in accordance with law, justice and equity, constitutional petition was dismissed. Abdul Razzak v. Shabnam Noonari and others 2012 SCMR 976 rel. THIS ORDER PASSED BY: MASUD ABID NAQVI, JUSTICE:--------- Resume of facts, forming background of instant petition is that the respondent No.1/plaintiff ("Respondent No.1") filed a composite suit before the learned Judge Family Court Gujar Khan regarding (i) recovery of maintenance amount from January 2011 to November 2011 (ii) recovery of maintenance amount of two years before January 2011 (iii) recovery of articles valuing 644289/- as mentioned in the list. The petitioner/defendant ("Petitioner") contested the suit by filing written statement and raising certain legal as well as factual objections. After hearing the arguments advanced by both the parties, the learned Judge Family Court proceeded to decided the suit through Judgment and Decree dated 31.01.2014 in the following terms: (i) In view of above findings on the above issues, the suit of the plaintiff for the recovery of maintenance allowance for the two years prior to January 2011 is hereby dismissed however her suit for the maintenance allowance from January 2011 to November, 2011 is hereby decreed @ Rs.3000/- per month. (ii) The suit of the plaintiff for recovery of dowry articles and gold ornaments is hereby decreed and she is entitled to recover the same as per list Ex.P-2. (iii) The suit of the plaintiff for recovery of gold ornaments which were given to the plaintiff is hereby dismissed. 2. Feeling aggrieved, both the parties filed appeals and learned Additional District Judge vide Judgment and Decree dated 04.09.2014 accepted the appeal of respondent No.1 with a slight modification about dowry…

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