Law: Family Courts Act, 1964

Section: 5, Schedule

Family Courts Act (XXXV of 1964)--- ----S.5, Sched.---Suit for recovery of dowry articles and dower---Family Court decreed the suit and appeal was dismissed by the Appellate Court---Validity---Not possible for wife to keep the record of purchased articles and prepare list of dowry articles and obtain signatures of husband and witnesses---Whosoever alleged existence of a particular fact was to prove the same---Solitary statement of wife was enough to prove dowry articles---When marriage had not been consumated then wife would be entitled to half of the fixed dower only and remaining half should be returned/restored to husband unless he waived such right voluntarily---Impugned s and decrees passed by the Courts below to the extent of dowry articles were modified and amount of dowry articles was reduced---Constitutional petition was disposed of accordingly. Muhammad Habib v. Safia Bibi 2008 SCMR 1584; Shakeela Bibi v. Muhammad Israr 2012 MLD 756 and Muhammad Akbar v. Shazia Bibi PLD 2014 SC 693 rel. THIS JUDGMENT DELIVERED BY: ABDUL HAMEED BALOCH, J.---- This order shall dispose of Constitution Petition No.39 of 2019, which is directed against the judgment and decree dated 14.02.2018 (impugned judgment) passed by the learned Additional Family Judge-I, Quetta ("trial court") and against the judgment dated 19.12.2018, passed by the learned Additional District Judge-V, Quetta ("appellate Court"), whereby the 'Suit for Recovery of Dowry Amount, Dowry Articles Maintenance allowance for Iddat Period and Past Maintenance' filed by the respondent/plaintiff was decreed by the trial court and appeal filed thereon was dismissed by the appellate Court. 2. Brief facts of the case are that the respondent No.1 has filed a suit for recovery of dower amount Rs.3,00,000/-, dowry articles worth of Rs.472,800 and past maintenance allowance of Iddat period at the rate of Rs.15,000/- p.m, and lastly prayed for decree of suit with the following terms: i. Decree be passed in favour of plaintiff against the defendant. Directing the defendant to pay the Dower amount Rs.300000/- to the plaintiff in lum sum. ii. defendant be directed to pay the maintenance allowance from February 2014 till…

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