Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional petition--Suit for dissolution of marriage, recovery of maintenance allowance and dowry ariticles failed to tender in evidence best of dowry article as receipt of return--Tentative value of dowry article cannot be given by family Court--One of mode for determining value of dowry articles can be by appointment of local commission for physical verification claimed to have returned dowry articles to Respondent No. 2 and as such he could not impugn value thereof as it would tantamount to taking mutually destructive pleas--Since return of dowry articles was an issue between parties, local commission could not have been appointed by judge family Court--Judge family Court rightly passed decree for award I of amount of Rs. 450,000/- to which no exception can be taken--Order accordingly. ORDER This writ petition seeks to challenge findings of fact recorded by the Judge Family Court and the lower appellate Court on 08.04.2017 and 06.07.2017, respectively, 2. Facts of the case in brief are that Respondent No. 2 instituted the suit against the petitioner seeking dissolution of marriage, recovery of maintenance allowance and dowry articles. The suit to the extent of dissolution of marriage was decreed on 23.09.2015 whereas issues were framed for resolution of the claim for maintenance and return of dowry articles. The Judge Family Court decreed the suit on 11.02.2016. The lower appellate Court, however, remanded the matter in appeal by framing an additional issue (Issue No. 3-A). Following tho trial, the Judge Family Court vide judgment and decree dated 08.04.2017 held Respondent No. 2 entitled to maintenance allowance at the rate of Rs. 2500/- per month from August 2015 till the period of Iddat. The Judge Family Court also ordered for return of the dowry articles and in the alternate awarded a decree for Rs. 450,000/-. 3. Both the parties feeling aggrieved filed appeals before the lower appellate Court against the findings of the judge family Court. The lower appellate Court, however, dismissed both the appeals. 4. Learned counsel for the petitioner submitted that the dowry articles have been returned to…

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