Law: Family Courts Act, 1964

Section: 5,Sched

Law: Family Courts Act, 1964

Section: 5,Sched

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---Recovery of maintenance allowance and dowry articles---Concurrent findings of Trial Court and Appellate Court by which decree for maintenance of minor son, recovery of dowry articles and maintenance for iddat period was passed in favour of the wife (respondent)---Husband (petitioner) contended that list of dowry articles was not proved in accordance with law and same were taken by wife to her parent's house and the rate of maintenance was beyond his means---Validity---Husband did not refute wife's contention to the extent that dowry was given to her by her parents but contended that its value was less than what she claimed---Wife had contended that list of dowry articles was not thumb-marked by her but her brother had put thumb-impressions and signatures on it and she had given full details of the articles and prices thereof in her statement---Husband's contention that wife took dowry articles to her father's house was not substantiated by any cogent evidence---Minor's rate of maintenance was very reasonable and being real son of petitioner, he had unlimited and unqualified right to get maintenance from his father---Rate of maintenance for period of iddat in favour of wife was also not excessive---Concurrent findings of Trial Court and Appellate Court below being unexceptional, husband's petition was dismissed. 2006 MLD 555 distinguished. Muhammad Ehsan Alvi for Petitioner. Tariq Zulfiqar Ahmad Chaudhary for Respondents Nos.2 and 3. ORDER RAUF AHMAD SHEIKH, J.--- The petitioner has assailed the vires of judgment and decree dated 28-1-2011 passed by the learned Additional District Judge, Burewala, whereby an appeal filed by him against the judgment and decree dated 29-9-2010 passed by the learned Judge Family Court, Burewala was dismissed. The plaintiffs/respondents Nos.2 and 3 had contended that marriage between petitioner and respondent No.2 was solemnized on 25-3-2008 and out of wedlock the respondent No.3 was born. It was alleged that during the period the spouses lived together, the attitude of the defendant/petitioner was…

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