Law:

Section:

(a) Family Courts Act (XXXV of 1964)--- ----S. 5, Sched.---Recovery of dower---Entries made in Column Nos. 13 & 16 of Nikahnama---Undertaking for dower---Effect---Matters arising out of Nikahnama---Family Court, jurisdiction of---Scope---Plaintiff-wife filed suit for recovery of dower according to the entries made in Column No. 16 of Nikahnama which was decreed concurrently---Validity---Specification of property/plot with constructed house was not mentioned in Column No. 13 of Nikahnama wherein only amount of Rs.2,00,000/- was mentioned in the shape of gold ornaments (prompt)---Condition of five marla plot with constructed house was accepted by the defendant-husband at the time of marriage and same was mentioned in Column No. 16 as dower-- Besides the fact of fixation of dower specifically it could more or less be treated as a valid undertaking for dower mentioned in the Purt Nikah---When husband had agreed to pay the dower then irrespective of the fact of mentioning the dower fixed in the specific column of Nikahnama would become redundant---Husband could not be allowed to resile from his undertaking and he was bound to provide the plot with constructed house to the wife in lieu of dower---Entry of Column No. 16 of Nikahnama was validly accepted by the husband---Decree with regard to the said entry was enforceable---Family Court had jurisdiction to entertain and decide the matters arising out of Nikahnama whether same were mentioned as dower or undertaking for the satisfaction of dower---Defendant was bound to specify a jurisdictional defect or error with regard to s of Courts below to invoke constitutional jurisdiction of High Court---No illegality or error in the impugned s passed by the Courts below had been pointed out---Constitutional petition was dismissed in circumstances. Mst. Ishrat Bano v. Noor Hussain and 2 others 2010 YLR 2452; Syed Nadeem Raza through Attorney General v. Mst. Amna-Taz-Zahra and 2 others 2011 CLC 726; Umar Farooq v. Mehnaz Iftikhar and 2 others 2006 MLD 555; Lal Muhammad v. Mst. Gul Bibi and another PLD 1986 Quetta 185 and Mst Yasmeen Bibi v. Muhammad Ghazanfar Khan and others PLD 2016 SC 613) ref. Mst. Mithan v. Additional…

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