Law: Family Courts Act, 1964

Section: 5,Sched

Law: Family Courts Act, 1964

Section: 5,Sched

Law: Qanun-e-Shahadat (10 of 1984)

Section: 85,87

Law: Constitution of Pakistan, 1973

Section: 199

(a) West Pakistan Family Courts Act (XXXV of 1964)-------S. 5 & Sched.---Constitution of Pakistan, Art.199---Constitutional petition---Suit for possession of house given to wife in lieu of dower by her husband and father-in-law or in alternative for recovery of Rs.3,00,000/- as its present market value---Suit decreed by Family Court for possession of house or in alternative for recovery of Rs.10,000/- as its price mentioned in Nikahnama was modified by Appellate Court granting same only for recovery of Rs.10,000/----Husband's plea that such house was not owned by him, thus, no decree against his father could be passed---Validity---Nikahnama did not find mention any condition to the effect that in case of failure to give such house to wife, husband would pay her Rs.10,000/----Value of such house mentioned in Nikahnama was its market value at time of marriage---Wife was entitled to decree for possession of such house or in the alternative, for recovery of amount equivalent to its present market value---Duty of Family Court was to pass decree after determining prevalent market value of such house, but its omission to do so would not render its decree ineffective or illegal as such value would be determined by Executing Court during execution proceedings---Wife could validly file suit for recovery of dower against her father-in-law, if he either stood surety or guaranteed its payment, thus, he would be liable to pay dower as bridegroom himself---Father-in-law of petitioner was party to Nikahnama containing his thumb-impression as "Wakeel" of bridegroom, thus, Family Court had validly passed decree against him---High Court modified impugned s/decrees by declaring that wife was entitled to recovery of possession of such house or in the alternative to its price equivalent to its present market value to be determined by Executing Court during execution proceedings. Amjad Hussain and another v. Mst. Shagufta and 2 others PLD 1996 Pesh. 64; Liaquat Ali v. Additional District Judge, Narowal and 2 others 1997 SCMR 1122 and Mst. Hussana and others v. Mst. Ghufrana and others 2003 YLR 250 ref. Anjum Firdous v. Additional District Judge and others 2007 CLC 1433 and Mst.…

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