Law: Family Courts Act, 1964

Section: 5

Law: Constitution of Pakistan, 1973

Section: 199

Family Courts Act (XXXV of 1964)--- ----S. 5, Sched.--- Constitution of Pakistan, Art. 199---Constitutional petition---Dower---Plot in place of money---Value of plot---Determination---Parties were husband and wife inter se which relationship ended in divorce---In lieu of dower money a piece of land was to be transferred---Family Court and Lower Appellate Court decided the matter in favour of respondent/wife and directed petitioner/husband to pay Rs.1,000,000/- as market value of plot in question---Validity---Family Court and Lower Appellate Court accepted claim regarding 5 Marla plot and had granted relief in shape of alternate market price of the same---Such claim was not contested by petitioner/husband before High Court, the only issue left was determination of market value---High Court set aside such determination as the same was made erroneously and without relying upon any evidence---High Court directed Executing Court to determine market value of a plot of 5 Marla situated in the locality after thorough judicial inquiry on the basis of evidence by appointing Local Commission---Constitutional petition was allowed accordingly. Dr. Asma Ali v. Masood Sajjad and others PLD 2011 SC 221; Dua Aneeqa v. Adnan Jahangeer and 2 others 2021 MLD 1208; Mst. Humaira Majeed v. Habib Ahmad and 2 others PLD 2012 Lah. 165 and Shahid Mehmood v. Mst. Naureen Ijaz and 2 others 2012 MLD 1594 ref. Mst. Razia Begum v. Jang Baz and 3 others 2012 CLC 105; Muhammad Shoaib and another v. Mst. Shameem Akhtar and 2 others 2014 CLC 1307 and Mst. Mehbooba v. Abdul Jalal 1996 SCMR 1063 rel. JUDGMENT MUHAMMAD SHAN GUL, J.---The question confronting this Court in the present matter is whether without undertaking any inquisitorial exercise for ascertaining market value of a piece of land, could the courts below determine and specify alternate value of the land merely on the basis of their own assumptions and without conducting any fact-finding exercise? 2. Through this judgment the titled constitutional petition is sought to be decided. 3. Facts necessary for a decision in the instant case are as follows: the marriage of the petitioner with respondent No.3 was solemnized on 08.12.2018.…

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