Law: Family Courts Act, 1964

Section: 5, Schedule

Family Courts Act (XXXV of 1964)--- ----S. 5, Sched.---Suit for recovery of dowry articles---Witnesses of defendant-husband had admitted that dowry articles had been brought by the plaintiff-wife---Onus of proof had shifted to defendant to establish that the purported dowry articles were not given to him---High Court observed that it was not possible for any wife/bride to keep the record/ receipts of purchased articles or prepared list of dowry articles and obtained signature from bridegroom/husband side---Husband had failed to point out any illegality or irregularity in the impugned passed by the Trial Court---Constitutional petition was dismissed, in circumstances. Muhammad Habib v. Safia Bibi 2008 SCMR 1584 rel. THIS JUDGMENT DELIVERED BY: ABDUL HAMEED BALOCH, JUSTICE:---.--- This petition is directed judgment dated 10.06.2017 (impugned judgment) passed by the learned Family Judge, Khuzdar ("trial court"),whereby suit for Dissolution of Marriage, Recovery of Dowry Articles, Recovery of Maintenance Allowance for Plaintiff Rs.5000/- per month for the past three months till the Iddat Period has been decreed. 2. The brief facts of the case are that the respondent No.1/plaintiff filed the referred suit, with the averments that the respondent/plaintiff married with the petitioner seven months back according to the injunction of Quran and Sharia at Khuzdar. The plaintiff tried to adjust herself with the whole family of petitioner, but the petitioner and his whole family changed their attitude and used cruelty and started maltreatment and beating the respondent while mentally and physically torturing her; that the defendant is drug addict and while being drunk always tortures the plaintiff; that about three months ago the petitioner/ defendant and his family beaten the plaintiff and kicked out her from the house in wearing clothes without any reason; that the petitioner/defendant took the dowry articles, one Almirah, one show case, one bed set, one makeup box, one washing machine, 25 readymade Balochi dress, two brief cases, two dinner sets, which was gifted to plaintiff/ respondent by her father and on asking for the said property, the petitioner/ defendant annoyed…

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