Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Suit for recovery of dowry articles, dower amount and maintenance allowance--Decreed--Appeal--Dismissed--Concurrent findings--After thought agreement--Consolidated s--Challenge to--Family Court while deciding issue No. 1 ordered petitioner to pay Rs. 2000/- per month as previous maintenance from 24.05.2007 simply on ground that petitioner was a low class salaried person--It was further observed under issue No. 2 that since 24.05.2007 both spouses had no interaction and gold ornaments were kept in possession by woman, therefore, were refused--Court however granted 50% of claimed dowry articles and determined it at Rs. 1,70,390/---Interestingly, on 21.01.2009 suit for restitution of conjugal rights was decreed subject to fulfilment of condition of column No. 13 and 16 of nikahnama petitioner had not fulfilled--Besides, petitioner has introduced an afterthought agreement to suggest that these conditions have been waived of, therefore, it was not appreciated--Importantly, it had attained finality--Consolidated s and decrees interpreted that said clauses of nikahnama do not appear to be illegal or irrational--Petition was dismissed.                 [Pp. 238 239] A B PLD 2011 SC 221 ref. ORDER Through this constitutional petition, the petitioner has challenged the judgments and decrees dated 15.05.2010 as well as 06.01.2011 whereby the suit for recovery of dowry articles, dower amount and a house as well as for the grant of maintenance allowance was concurrently decreed by the learned Judge Family Court and the appellate Court. 2. Brief facts giving rise to the filing of this constitutional petition are that the marriage between the petitioner and the respondent took place on 19.12.2005 and the respondent claimed to have brought dowry articles worth Rs. 7,02,700/- into the house of the petitioner. The dower amount of Rs. 1 lac and a house was agreed in the nikahnama. However, soon their relationship got strained. Meanwhile, signatures of the respondent were procured on the blank papers by the petitioner. The respondent went to see her ailing mother with two clothes about 02 years…

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