Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Suit for recovery of maintenance allowance, dower and dowry articles--Partly decreed--Appeals--Appeal filed by petitioner was dismissed and appeal filed by respondent was allowed partly--Modification in of lower Court--Judge Family Court, while decreeing claim of dowry articles, did not take into consideration custom of our society by way of which parents of every bride give items of daily use to their daughter as dowry articles--Judge Family Court has not assigned any cogent reasons while discarding list of dowry articles tendered in evidence by “respondent”--Such conclusion was outcome of presumption and supposition--Additional District Judge, while exercising his appellate jurisdiction, took into account said aspect of custom of our society and principle of law and held “respondent” entitled to recover dowry articles mentioned in list Exh.P-2 or in alternative prices--Alternate value thereof as determined by lower Appellate Court is quite justified keeping in view period of subsistence of marriage, which lasted for more than 2 years--Appellate Court has rightly appraised evidence and conclusion derived therefrom is unexceptionable, which calls for no interference in constitutional jurisdiction--Petition dismissed. 2017 SCMR 393 and 2008 SCMR 1583 ref. ORDER This constitutional petition under Article 199 of The Constitution of Islamic Republic of Pakistan, 1973 calls in question the judgment and decree dated 7th December, 2018, whereby the learned Additional District Judge, Rawalpindi, while dismissing the appeal filed by the petitioner and partly allowing the appeal preferred by Respondent No. 1 (hereinafter referred as “respondent”), modified the judgment and decree dated 24th May, 2018 passed by the learned Judge Family Court, Rawalpindi. 2. Brief facts necessitating the filing of instant petition are that the “respondent” instituted a suit for recovery of maintenance, dower and dowry articles averring therein that she was married to the petitioner on 24th January, 2014 against a dower of 4 tolas gold ornaments, which was though paid, however, the same was snatched by the petitioner while ousting the…

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