Law: Family Courts Act, 1964

Section: 5, Schedule

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched:---.--- Constitution of Pakistan, Art. 199--- Constitutional petition---Suit for maintenance, dowry articles and dower---Trial Court decreed the suit---Appellate Court dismissed defendant's suit for restitution of conjugal rights upholding Trial Court's findings as to dower and dowry articles---Validity---Dower, though prompt, had not been paid/given to wife---House admittedly given in dower was still in possession of husband/petitioner---Having been turned out of the house forcibly, wife/respondent had no chance to collect her belongings---Impugned and decree did not suffer from any illegality warranting High Court's interference in constitutional jurisdiction---Petition was dismissed in limine. THIS ORDER PASSED BY: TARIQ JAVAID, JUSTICE:---.--- This order shall dispose of the instant writ petition and W.P. No.430 of 2009 (Muhammad Farooq v. .Additional District Judge, Layyah and 2 others). The petitions have been filed against consolidated judgment and decree dated 13-11-2008 passed by the learned Additional District Judge, Layyah whereby suit for the maintenance tiled by the respondent No.3 in the sum of Rs.2000 per month and suit for the recovery of dower were decreed. Findings recorded by the learned trial Court with regard to recovery of dowry articles were upheld. However, petitioner's suit for restitution of conjugal rights was dismissed. 2. The learned counsel .for the petitioner has argued that the judgments passed by both the Courts below were illegal and as such the suits filed by the respondent No.3 merit to be dismissed whereas petitioner was entitled to the decree for restitution of conjugal rights. 3. According to the learned counsel for the petitioner the nature of dower as given in Nikah Nama (Mark-"A") was prompt as such it has already been paid to the respondent Nq.3. It is also argued that the respondent No.3 has failed to prove that the dower was not paid. Therefore, the findings recorded by the learned trial Court were correct and thus the findings recorded by the first appellate Court are erroneous. Regarding maintenance, it is argued that the respondent No.3 is…

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