Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched. & S. 17---Constitution of Pakistan, Art. 199---Constitutional petition---Suit for recovery of dower, dowry articles and maintenance allowance on basis of KabinNama---KabinNama, proof of---Second marriage by husband---Effect on maintenance allowance for wife---Trial court partially decreed suit on oral testimony of Nikah Khawan about maintenance but disregarded ground of execution of Kabin Nama, being unregistered and not proved by confidence inspiring evidence---Appellate court allowed appeal of wife against the order and held that execution of Kabin Nama had been proved by producing scribe and marginal witnesses---Validity---Trial court while appreciating evidence on record had wrongly given unnecessary weight to statement of NikahKhawan who was not present at the time of execution of KabinNama---Provisions of C.P.C. and Qanun-e-Shahdat, 1984 were not applicable to proceedings before Family Court---When husband had contracted second marriage without permission of first wife, she would be entitled to maintenance allowance irrespective of fact as to whether she left house at her own choice or was compelled to do so---Appellate Court rightly decreed suit of wife and constitutional petition was dismissed in circumstances. Farzana Rasool v. Dr. Muhammad Bashir 2011 SCMR 1361; Farrah Bashir v. Muhammad Umar Tahir 2014 CLC 1605; Mst. Rozeena Khattak v. Raja Abdul Rasheed PLD 2012 Pesh. 108 and Muhammad Sharif v. Additional District Judge 2007 SCMR 49 rel. JUDGMENT MUHAMMAD DAUD KHAN, J.--Through this Constitutional Petition, the petitioner/husband has challenged the judgment and decree of learned Additional District Judge-VI, Mardan dated 24-4-2010 whereby the appeal filed by respondent/ wife was accepted and the judgment and decree of Family Court, Mardan was modified to the extent that the respondent/ wife was held entitled to recovery of dower as per Kabeen Nama and maintenance allowance. 2. Brief facts of the case are that Mst. Shaheen, plaintiff/wife (respondent herein) filed suit against the defendant/ husband (petitioner herein) for recovery of dower i.e. 3 tola golden ornaments, a house…

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