Law: Family Courts Act, 1964

Section: 5

Family Courts Act (XXXV of 1964) S.5During execution proceedings dispute between parties was with regard to recovery of amount in lieu of gold ornamentsValidityhusband was to either give gold ornaments in execution of decree or was liable to pay market value of the same so as to enable petitionerwife to purchase gold ornaments from marketExecuting Court did not commit any error of law in seeking information from Sarafa (Gold) Market about prevailing rate of goldOption was with petitionerwife to enforce recovery of gold ornaments which respondenthusband could not avoid Executing Court was to execute decree by ensuring recovery of gold ornaments from respondenthusband, who was to satisfy decree by providing requisite gold ornaments or make payment of market price thereof High Court in exercise of Constitutional jurisdiction set aside order passed by Lower Appellate Court as order of Executing Court did not suffer from any error of law and was in accordance with law Constitutional petition was allowed, in circumstances. Mst. Humaira Majeed v. Habib Ahmad and 2 others PLD 2012 Lah. 165; Mst. Ayesha Shaheen v. Khalil Mehmood and another 2013 SCMR 1049; Mst. Mehbooba v. Abdul Jalal 1996 SCMR 1063 and Haji Muhammad Nawaz v. Samina Kanwal and others 2017 SCMR 321 ref. JUDGMENT RASAAL HASAN SYED, J. This Constitutional petition assails judgment and order dated 17.10.2020 of the learned Addl. District Judge, Rawalpindi in terms whereof the revision petition filed by the respondent No.1 was accepted and order dated 25.9.2020 of the learned Judge Executing Court was set aside. 2. Petitioner married respondent No.1 on 01.1.2015, who committed to give 05 tolas in gold ornaments to the petitioner at the time of rukhsati and it was so recorded in column No.17 of the nikahnama. Matrimonial ties frayed with time and litigating ensued. The petitioner instituted a suit for recovery of maintenance allowance, gold ornaments and dowry articles which was decreed vide judgment and decree dated 19.02.2019 by the learned Judge Family Court, Rawalpindi whereby the claim of maintenance allowance was granted to the extent of Iddat period only, recovery of dowry articles was ordered as per…

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