Law: Family Courts Act, 1964

Section: 17(1),5, Schedule

Law: Constitution of Pakistan, 1973

Section: 199

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----Ss. 17(1) & 5, Sched:---.---Claim of dowry articles---Proof---Provisions of Qanun-e-Shahadat, 1984 and Civil Procedure Code, 1908---Applicability---Provisions of Qanun-e-Shahadat, 1984 and Civil Procedure Code would not apply to prove the claim of dowry articles---Section 17 of West Pakistan Family Courts Act, 1964 made it abundantly clear that provisions of Qanun-e-Shahadat, 1984 were excluded. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched:---.---Claim of dowry articles---Proof---Keeping record of purchase receipts and list of dowry articles and obtaining signature from the bridegroom side---Propriety---Not possible for any bride/wife in Pakistan to keep the record of purchase receipts, prepare the list of dowry articles, and obtain signatures from bridegroom/husband side. Muhammad Habib v. Mst. Safia Bibi and others 2008 SCMR 1584 and Mirza Arshad Baig v. ADJ 2005 SCMR 1740 rel. (c) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched:---.---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Claim of dowry articles---Proof---Courts below, in original and appellate jurisdiction were competent to draw inference, while delivering the and it was not open to interference in constitutional jurisdiction, unless and until miscarriage of justice was established by the party---High Court would not normally interfere in and decree passed by court of competent jurisdiction for the reasons that it was within their exclusive jurisdiction, to believe and disbelieve the evidence. THIS JUDGMENT DELIVERED BY: SALAHUDDIN PANHWAR J:---. has assailed the judgment dated 14th May, 2012 passed in Family Appeal No. 10 of 2011, by Additional District Judge, Gambat, whereby, appeal filed by respondents was allowed with modification in the judgment and decree, passed by the Family court. 2. Succinctly, facts of the case are that respondent's marriage was solemnized with petitioner on 18-12-2008, in accordance with the injunctions of Islam. Initially, the couple elapsed their days with pleasures. Out of the said wedlock, one female baby Aisha was born. With the…

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