Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)------S. 5 & Sched.---Constitution of Pakistan, Art. 185(3)---Recovery of maintenance allowance and dowry articles---Husband (petitioner) contented that High Court decreed the suit for recovery of dowry articles without adverting to the evidence; that the High Court did not keep in view the law with regard to actionable claims in the context of the Schedule attached to the West Pakistan Family Courts Act, 1964 and that High Court while directing that the wife (respondent) was entitled to the maintenance amount, did not appreciate that as per her own statement she was no longer his (petitioner's) wife and stood divorced---Validity---Supreme Court granted leave to appeal to consider the contentions raised by the petitioner-husband. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Constitution of Pakistan, Art. 185(3)---Recovery of maintenance allowance and dowry articles---Stay of execution proceedings---Conditions---Husband (petitioner) contented that High Court decreed the suit for recovery of dowry articles without adverting to the evidence; that the High Court did not keep in view the law with regard to actionable claims in the context of the Schedule attached to the West Pakistan Family Courts Act, 1964, and that High Court while directing that wife (respondent) was entitled to maintenance amount, did not appreciate that as per her own statement she was no longer his (petitioner's) wife and stood divorced---Validity---Leave to appeal was granted by Supreme Court to consider the contentions raised by the husband---Executing proceedings qua the recovery of the maintenance amount granted to wife and the recovery of dower amount were stayed by the Supreme Court subject to the husband depositing the dower amount before the Executing Court and the rent of the properties, which were subject matter of present petitions, also had to be deposited with the Executing Court.…

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