Law: Family Courts Act, 1964

Section: 5

Family Courts Act (XXXV of 1964)--- ----S.5---Recovery of dowry articles---Parties were husband and wife inter se and the relationship ended in divorce---Suit for recovery of dowry articles filed by wife was decreed in her favour but Lower Appellate Court on the basis of acknowledgment receipt dismissed the suit---Validity---Suit was filed by wife and she was not shown to be a party in disputed document (acknowledgement receipt) nor a signatory thereto---Wife could not be denied right to recover dowry articles which were received at the house of her ex-husband---Family Court rightly declined to accept the document as a valid piece of evidence to deny relief to ex-husband while Lower Appellate Court fell in error in non-suiting wife on the basis of inadmissible evidence by misreading of record---High Court in exercise of Constitutional jurisdiction set aside and decree passed by Lower Appellate Court and restored that of Family Court---Constitutional petition was allowed, in circumstances. Dr. Major Abdul Ahad Khan through his Legal Representatives v. Muhammad Iqbal through his Legal Representatives PLD 1989 Kar. 102 ref. ORDER RASAAL HASAN SYED, J.---- This Constitutional petition challenges judgment and decree dated 30.4.2015 passed by learned Addl. District Judge, Sheikhupura wherein decree of learned Judge Family Court, Sheikhupura to the extent of articles of dowry was set aside. 2. Mst. Fehmeeda Younis, now deceased, was married to respondent No.3. The marriage could not succeed, a suit for dissolution of marriage, main-tenance and recovery of dowry articles was instituted by her. During the proceedings in the suit the marriage was dissolved on 15.10.2011 and the suit proceeded for determination of maintenance allowance as also the claim with respect to dowry articles. The learned Judge Family Court after considering evidence allowed maintenance allowance @ Rs.5,000/- per month to the now deceased for her Iddat period and also a decree for recovery of articles of dowry or in the alternative Rs.7,23,800/- as price thereof vide judgment dated 07.2.2013. Respondent No.3 preferred an appeal which was partly allowed by learned Addl. District Judge. In result,…

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