| Citation(s) |
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| 2025 SLG 3447 2025 SLD 3447 = 2025 SCMR 1003 |
Civil Petition No. 344-P of 2022, decided on 7th March, 2025. (Against the judgment dated 31.01.2022 of the Peshawar High Court, Peshawar passed in W.P. No. 13-P of 2021).
Present: Yahya Afridi, CJ and Irfan Saadat Khan, J
Ijaz Ahmed Malik, Advocate Supreme Court for Petitioner along with Petitioner (video link from Peshawar). Nemo for the
Respondents. Date of hearing: 7th March, 2025
Mst. HUMAIRA WAZIR ---Petitioner
VERSUS
MUHAMMAD FAISAL and others ---Respondents
Law: Family Courts Act, 1964
Section: 5
Law: Muslim Family Laws Ordinance, 1961
Section: Rr. 8, 10, 11, 12, Form II, columns Nos. 13, 16
Family Courts Act (XXXV of 1964)---
----S. 5---Rules under the Muslim Family Laws Ordinance, 1961, Rr. 8, 10, 11, 12 & Form II, columns Nos. 13 & 16---Suit for recovery of jewelry and share in house--- Form of Nikahnama---Absence of entry---Petitioner / ex-wife was aggrieved of judgment passed by High Court declining her jewelry allegedly snatched by respondent / ex-husband from her and her Shari share in ancestral house---Held, that petitioner / ex-wife admitted before Trial Court that she had given jewelry to respondent / ex-husband herself on his demand, therefore, there was no question of either snatching or taking away the same forcefully from her--Findings of Trial Court and High Court did not warrant any interference as allegation of snatching away of gold from her had remained unproved---High Court had rightly observed that columns Nos. 13 and 16 of Nikahnama entitled petitioner / ex-wife to have her Shari share in ancestral property, which respondent / exhusband was bound to provide her, without any exception---Supreme Court maintained the judgment passed by High Court, as the same did not suffer from any misreading or non-reading of evidence or facts on record---Petition for leave to appeal was dismissed and leave to appeal was refused.
ORDER