Law: Family Courts Act, 1964

Section: XXXV,5

Family Courts Act (XXXV of 1964)-------S. 5, Sched.---Gold ornaments, return of---Proof---Misreading and non-reading of evidence---Petitioner/ex-husband was aggrieved of concurrent findings of two Courts below in favour of respondent/ex-wife directing him to return 25 Tolas of Gold---Validity---Impugned finding to return 25 Tolas of gold to respondent/exwife was not correct---Such finding did not confirm with record produced in proceedings and was contrary to record---High Court set aside such finding in the judgment as the same was not proper exercise of jurisdiction vested in two Courts below---High Court remanded the matter to Family Court to decide issue of 25 Tolas of gold---Constitutional petition was allowed accordingly.ORDERMUHAMMAD FAISAL KAMAL ALAM, J.---Petitioner has challenged the Judgment and Decree passed by the learned Family Court and Appellate Court whereby, directing the Petitioner to pay the following _"ISSUE NO. 07.In view of discussion made above, it is hereby ordered that suit of the plaintiff is hereby partly decreed with no order as to costs. Defendant is directed to pay dower amount to the plaintiff at the rate of Rs.100, 000/- (one lac rupees), Defendant is further directed to return all the dowry articles as per list attached with the plaint including golden ornaments or in alternate of dowry articles, pay Rs. 800,000/- (rupees eight lac) and in alternate of golden ornaments of 25 to a gold, pay amount as per market value of the gold to the plaintiff. He is also directed to pay maintenance to plaintiff at the rate of Rs. 5000/- per month since date of divorce till her iddat period. Let the decree be prepared accordingly."2. Succinctly, the Petitioner married the Respondent No.3, but, due to irreconcilable disputes, their marriage ended and Respondent No.3 filed Family Suit No. 1585 of 2018 against the present Petitioner with the following prayer clause:--PRAYERSa)    That, this Honourable Court may be pleased to direct the defendant to pay the dower amount of Rs.100,000/- which is still unpaid by the defendant to the plaintiff from the date of marriage.b)    That, this Honourable Court may be…