Case Details

Citation(s)
2018 SLG 2306 2018 SLD 2306 2018 PLJ 104
Peshawar High Court
W.P. No. 3467-P of 2015, decision & hearing Dated: 28.11.2016.
LAL, JAN KHATTAK, JUSTICE
Mr. Amanullah, Advocate for Petitioner.

MST. RAHAT YASMEEN

VS

ALAM KHAN AND 2 OTHERS

Law:

Section:

Muslim Family Laws Ordinance, 1961 (VIII of 1961)-- ----Ss. 8, 9 & 10--Constitution of Pakistan, 1973, Art. 199--Suit for dissolution of marriage, dowry articles & maintenance filed by wife, partially decreed by Family Court--Dismissal of Appeal by District Judge--Concurrent findings of fact--Challenge to--Maintainability--Held that wife in support of her case appeared as witness before family Court but could not produce any worthy reliable and confidence aspiring evidence, which could support her claim relating to dowry articles--Wife produced a list showing dowry articles but said list cannot be relied upon for safe administration of justice for its being only a typed document having been prepared on day when suit was instituted--Wife neither produced any receipt qua items mentioned in list as her dowry nor any person appeared in her support to corroborate her version, list declared to be of no legal worth--Further held that wife had also failed in proving that certain amount was given by her to respondent--Wife could not produce any evidence to show that when and where when she had given amount to respondent--Petition dismissed. THIS JUDGMENT DELIVERED BY: LAL JAN KHATTAK, JUSTICE---.--- This writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, is directed against the judgment and decree dated 07.07.2015 of the learned Additional District Judge-VII, Peshawar, whereby the petitioner's appeal, against the judgment and decree dated 17.03.2014 of the learned Judge, Family Court-III, Peshawar, has been dismissed. 2. Brief facts of the case are that the petitioner filed a family suit against the Respondent No. 1 for recovery of dower, maintenance, dowry articles, money and dissolution of marriage. The suit was contested by the respondent by filing his written statement, wherein, he refuted the petitioner's claim. On the case issue, parties adduced their respective evidence,whereafter the learned trial Court vide judgment dated 17.03.2014 only decreed the prayer for dissolution of marriage on the basis of khula in lieu of the unpaid dower coupled with maintenance to the petitioner from dissolution of marriage till the…
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