Law: Family Courts Act, 1964

Section: 5, Schedule

Law: Constitution of Pakistan, 1973

Section: 199

Law: Dowry and Bridal Gifts (Restriction) Act, 1976

Section: 3,5

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched:---.---Dowry and Bridal Gifts (Restriction) Act, (XLIII of 1976), Ss.3 & 5---Constitution of Pakistan, Art.199---Constitutional Jurisdiction of High Court---Scope---Suit for dissolution of marriage, recovery of maintenance and return of dowry---Trial Court decreed the suit---Appellate Court dismissed appeal of defendant---Validity---Solitary statement of defendant was not sufficient to prove that the dowry articles were purchased with the money provided by him---Woman was absolute owner of all the property given to her as dowry or bridal gift to the exclusion of her husband under S.5 of Dowry and Bridal Gifts (Restriction) Act, 1976---Notwithstanding restrictions imposed on the value of dowry and bridal gifts under S.3 of Dowry and Bridal Gifts (Restriction) Act, 1976, a bride was owner of dowry articles and she was entitled to retain and claim the return of such articles if she was deprived of the same by her husband or any one else irrespective of value or source of such articles---Constitutional jurisdiction of High. Court under Art.199 of the Constitution was completely discretionary in nature---While exercising constitutional jurisdiction, the court had to ensure that the subordinate court or tribunal had not acted without jurisdiction or in violation of law---High Court under its constitutional jurisdiction could not reappraise evidence as court of appeal---Tribunal having jurisdiction to decide a matter was competent to decide the same rightly or wrongly---Mere fact that a decision was incorrect would not render the same to have been made without lawful authority---Impugned s and decrees did not suffer from any jurisdictional defect warranting inter ference of High Court---Constitutional petition was dismissed in limine. (b) Dowry and Bridal Gifts (Restriction) Act (XLIII of 1976)--- ----S. S---Scope---Woman was absolute owner of all the property given to het as dowry or bridal gift to the exclusion of her husband under S.5 of Dowry and Bridal Gifts (Restriction) Act, 1976. (c) Dowry and Bridal Gifts (Restriction) Act (XLIII of 1976)--- ----Ss. 3 & 5---Exclusion of…

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