Law: Limitation Act, 1908

Section: 3,5

(a) Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 6(5)(a)---Second marriage contracted by husband---Dower, payment of---Scope---Entire amount of dower fixed at the time of marriage whether prompt or deferred was immediately payable on account of second marriage---Where a man entered into a second marriage without seeking prior permission either from the existing wife or the Arbitration Council, the dower even if it was termed as deferred or prompt became payable without any delay. (b) Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 6---Polygamy---Permission in writing from Arbitration Council for contracting second marriage---Provisions of section 6 of the Muslim Family Laws Ordinance, 1961 were in consonance with the Injunctions of Islam---Said provisions had not placed any restriction to contract second marriage, rather it only related to seeking permission before entering into second marriage in order to regulate the structure of society as a whole---Any deviation from the provisions of S. 6 of Muslim Family Law Ordinance, 1961, might ensue number of issues which would frustrate the fabric of relationship within a society. JUDGMENT SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE:---.--- The instant civil petition has assailed under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 seeking leave to appeal against the judgment dated 17.10.2018 passed by learned Single Judge of Peshawar High Court in Writ Petition No.319-M/2018 with a prayer to set aside the same in the interest of justice. 2. Brief facts leading to file the instant petition are that respondent No.1 along with minors filed a family suit against the petitioners for recovery of dower in shape of 05 tolas of gold ornaments, 03 tolas gold ornaments as personal ownership of respondent No.1 or its market value, maintenance @ Rs.6000/- per month since November 2013 till disposal of the suit and afterwards with 30% increase per annum for respondent No.1, maintenance @ Rs.3000/- per month since November, 2013 till attaining age of majority plus 30% increase per annum each for petitioners Nos.2 and 3 and respondents Nos.2 and 3 (all minors) and recovery of dowry articles…

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