Law: Muslim Family Laws Ordinance, 1961

Section: 8,9

Law: Constitution of Pakistan, 1973

Section: 199

Muslim Family Law Ordinance, 1961 (VII of 1961)-- ----Ss. 8 & 9--Constitution of Pakistan, 1973, Art. 199--Constitutional petition--Suit for dissolution of marriage, recovery of dower, maintenance and dowry articles--Ground of cruelty not proved--Respondent filed suits against petitioner, trial Court decreed all suit except suit for maintenance, which was partially decreed--Appellate Court affirming findings except to extent of 24 Tolas Gold ornaments--Appreciation of evidence--Challenge to--Held that nowhere in whole oral and documentary evidence cruelty on part of husband has been proved, rather respondent has self deserved house, wife has was herself responsible for separation from husband--It is in statement of wife, wherein she had categorically admitted in her cross-examination that she was mistreated by husband nor she has ever misbehaved with him rather aspect of visiting on honey moon is admitted--Wife has mentioned in plaint that out of total 60 tolas gold jewellery, 30 tolas of gold had been returned to her but remaining 30 tolas of gold jewellery is still within husband, which is yet to be returned--Wife has alleged that some mistreatment on part of husband, but contradicts same in her statement in Courts and wife has expressed extreme hatred against husband--List of dowry articles has neither been exhibited nor receipts thereof have been exhibited in evidence, whereas, on other hand, husband has also relied on a list of dowry articles, which was confronted to petitioner during evidence--Dowry articles mentioned in plaint and list of dowry articles are admitted by both parties--No evidence has been produced to establish cruelty of husband--High Court held that wife shall return husband dower of 24 tolas gold along with 4 shops--Petition allowed. JUDGMENT Through this single judgment, I propose to dispose of the titled writ petition as well as connected Writ Petition Bearing No. 374-M/2014 as common questions of law and facts are involved in both the petitions. 2. Brief facts of the case are that the plaintiff/ respondent had filed a family suit against petitioner/ defendant for dissolution of marriage, recovery of dower, maintenance and dowry…

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