Law: Family Courts Act, 1964

Section: 17,5, Schedule

Law: Constitution of Pakistan, 1973

Section: 199

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

Section: R.3,3(1)

West Pakistan Family Courts Act (XXXV of 1964)--- ----Ss. 17, 5 & Sch:---.---Dowry and Bridal Gifts (Restriction) Rules, 1976, R. 3---Qanun-e-Shahadat (10 of 1984), Preamble---Constitution of Pakistan, Art. 199---Constitutional petition---Suit for recovery of dower was decreed against husband concurrently----Contentions of the husband (petitioner) were that the list of dowry articles was fabricated and was not prepared at the time of marriage and that under Rule 3(1) of the Dowry and Bridal Gifts (Restriction) Rules, 1976 value of gold ornaments ordered to be returned had to be assessed at the rate prevailing when said articles were purchased---Validity---Husband's reliance on Dowry and Bridal Gifts (Restriction) Rules, 1976 was of no avail as husband could not be allowed to pay the price of articles of dowry at the rate existing at the time of marriage---Rule 3(1) of the Dowry and Bridal Gifts (Restriction) Rules, 1976 was meant to ascertain value of dowry articles to bring the same within or without the limits of criminal liability when an offence was alleged to have been committed---Price to be paid in alternative of return of the articles was the one on the day of passing of final decree which was to be ascertained by the executing court---Provisions of Qanun-e-Shahadat, 1984 were not applicable to proceedings before the Family Court under S.17 of the West Pakistan Family Courts Act, 1964 and exclusion of such provisions only released the Family Court of the technicalities of law of evidence in order to ensure speedy adjudication and precedence of substantive justice to the technicalities of law; and did not absolve the Family Court of its responsibility to weigh, gauge and ascertain the veracity and standard of evidence---Wife having proved her case, constitutional petition was dismissed. Muhammad Javed Iqbal v. Mst. Tahira Naheed and others 2002 CLC 1396; Mst. Allah Rakhi v. Tanvir Iqbal and others 2004 SCMR 1739; M. Jaffar v. Additional District Judge and others 2005 MLD 1069 and Muhammad Habib v. Mst. Safia Bibi and others 2008 SCMR 1584 rel. THIS ORDER PASSED BY: IJAZ AHMAD, JUSTICE:---.--- Respondent No.1 instituted a suit for recovery of dowry…

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