Law: Family Courts Act, 1964

Section: 5

Law: Constitution of Pakistan, 1973

Section: 199

(a) Family Courts Act (XXXV of 1964)--- ----S. 5, Sched.---Suit for recovery of dower---Failure to specifically cross-examine---Effect---Dispute between the parties related to gold ornaments given to the wife/respondent in terms of Column No. 17 of the Nikahnama, which was an admitted fact between the parties---Claim of the wife/respondent was that after one month of giving gold ornaments to her, same was forcibly taken away by the husband/petitioner whereas his claim was that while leaving his house, respondent/ wife took gold ornaments with her---Validity/wife though, had been confronted with her statement but she had denied the same---No further question was put to wife relating to her statement therefore, her assertion in examination-in-chief that articles were snatched away by the petitioner remained un-rebutted and would be presumed to be correct, as she was not specifically cross-examined could not prove through any cogent evidence that gold ornaments were still with the respondent/ wife---Constitutional petition was dismissed, in circumstances. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Findings of fact---Scope---Findings of fact recorded by the appellate court could not be set aside merely on the ground that the same were at variance with the of the Trial Court, unless any misreading and non-reading of relevant record, illegality or jurisdictional defect was pointed out. ORDER MUZAMIL AKHTAR SHABIR, JUSTICE:---.--- Through this constitutional petition, petitioner has called in question judgment dated 31.07.2018 passed by respondent No.1/Additional District Judge, Chichawatni whereby judgment and decree passed by respondent No.2/Judge Family Court, Chichawatni was modified by reversing findings on issue No.2 through which the trial court had dismissed the suit to the extent of relief relating to 04-tolas gold ornaments and respondent No.3 “the respondent” was held entitled to receive the same from the petitioner. 2. It has been contended on behalf of the petitioner that the respondent Mst. Asma Noreen while appearing as PW-1 and her father Bashir Ahmad as PW-2 had admitted that soon after the marriage, 04-tolas gold…

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