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---Suit for recovery of dower amount---Execution of Iqrarnama between the spouses at the time of marriage with regard to payment of dower---Plaintiff-respondent (wife) produced the scribe of the deed/Iqrarnama who got exhibited the same along with the extract from relevant register and testified in that behalf---Plaintiff-respondent also produced one marginal witness of the Iqrarnama who fully supported its contents---Both the witnesses were put to the test of lengthy cross-examination, but nothing favourable to the defendant-petitioner (husband) came out from their mouth---Defendant-respondent (husband) produced his father who in his cross-examination admitted that at the time of marriage, a document was executed between the spouses---Defendant-respondent, however, had failed to pay the prompt dower of Rs.50,000 and to hand over the possession of ten marlas of the house to the plaintiff-respondent, which he had agreed to give to the plaintiff-respondent in lieu of prompt dower and for which she was legally entitled to claim and recover---No illegality, irregularity, mis-reading or non-reading of evidence was noticed---Constitutional petition was dismissed, in circumstances. Muhammad Gazanfar Ali for Petitioner. Jamal Abdul Nasir for Respondents. Date of hearing: 29th November, 2012. JUDGMENT ROOH-UL-AMIN KHAN, J.---Hafiz Ghulam Murtaza, petitioner herein, through the instant constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan 1973, has called in question the legality and propriety of the judgment and decree dated 10-10-2011 passed by the learned Judge, Family Court/Civil Judge-IX D.I. Khan, whereby the family suit of Mst. Saima Naz, respondent herein, for dissolution of marriage, recovery of dower, gold ornaments, pocket money, maintenance, dowry articles and possession of the house through partition, fully detailed therein, was decreed. 2. Briefly stated facts of the case leading to the filing of the instant petition are that the marriage ceremony of Mst. Saima Naz, daughter of Zaffar…

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