Law: Family Courts Act, 1964

Section: 5, Schedule

Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Suit for recovery of dower---Gold ornaments and a constructed house was incorporated in the Nikahnama as "dower" at the time of marriage---Execution of exhibited agreement admitted by the party---Effect---Petitioner/ ex-wife contended that Appellate Court had wrongly set aside the decree passed by the Family Court as written agreement exhibited by the respondent/ex-husband was disbelieved by the Family Court---Respondent contended that petitioner had waived off the right incorporated in Nikahnama in light of agreement between the parties duly written on stamp paper---Validity---Record revealed that petitioner/plaintiff (ex-wife) had admitted the fact that shepurchased the stamp paper, mentioning certain serial number and date, which contained her signature as well as thumb impression; she also admitted that she signed the stamp paper after the same was written---Record revealed that document exhibited by the respondent bore the serial number and date as referred to by the petitioner---Respondent produced not only attesting witnesses and the scribe of said exhibited document , but also one witness to prove the purchase ofexhibited stamp paper---Witnesses proved the fact that the petitioner had waivedher dower in favour of the respondent while she admitted the execution of the document exhibited by the respondent---Appellate Court had rightly appreciated the evidence on record---High Court upheld the impugned decree and passed by the Appellate Court----Constitutional petition was dismissed accordingly. THIS JUDGMENT DELIVERED BY: JAWAD HASSAN, J.- Through this Constitutional Petition, the Petitioner has called in question judgment and decree dated 26.04.2016 (the "impugned order and judgment and decree"), passed by learned Additional District Judge, Bahawalpur whereby he accepted the appeal of the Respondent No.2 and set aside the judgment and decree dated 11.03.2015 passed by learned Judge Family Court, Bahawalpur. 2. Facts briefly for the disposal of this Constitutional Petition are that as a consequence of suit for recovery of dower filed by the Petitioner judgment and decree dated 11.03.2015 was…

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