Law: Muslim Family Laws Ordinance, 1961

Section: 9,10

Muslim Family Laws Ordinance, 1961 (VIII of 1961)-- ----Ss. 9 ,  10--Suit for recovery of dower and maintenance allowance for iddat period--Decreed--Appeal--Allowed--Respondent No. 1 was divorced petitioner before jirga--Obligation for payment of dower amount--Challenge to--Before Jirga proceedings Respondent No. 1 has divorced petitioner--Matters referred to a Jirga to settle dispute or effect a compromise between parties without permission of Court, such proceedings will not be having blessing or backing of Court, action will not be protected by law--Unlike specific entry in Nikah-Nama Mark-A, Ex.D-1 affidavit did not specifically state anything about gold ornaments was given gold ornaments weighing 2-tola from her parents at time of marriage, receipt whereof had been tendered as Ex.P-4 while she remained firm on this aspect during cross-examination which is corroborated by testimony of her witness PW-2--On aspect of taking back gold ornaments, her stance was consistent as reveals through plaint, her statement remained unshaken despite cross examination, duly corroborated by statement of her brother while to refute same, Respondent No. 1 opted not to contest suit himself and appointed his brother as Special Attorney--Jirga proceedings were held, Respondent No. 1 had already divorced petitioner and thus before said proceedings, had been under obligation to pay dower amount or gold ornaments stipulated in Nikah-Nama, and it not so happened even during Jirga proceedings--Petition allowed. 2004 PCr.LJ 1523 ref. JUDGMENT The instant writ petition is arising out of Judgment and decree dated 13.11.2019, passed by the Additional District Judge, Islamabad-West whereby appeal of Respondent No. 1 against the Judgment and Decree dated 23.05.2019 of the Judge Family Court, Islamabad-West, was partly allowed. 2. Facts, relevant for adjudication of instant writ petition, are that petitioner filed suit for recovery of dower in the shape of gold ornaments and maintenance for the period of Iddat, which was duly contested by the Respondent No. 1 by filing written statement. The learned trial Court after framing issues and recording evidence of the parties decreed the suit…

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