| Citation(s) |
|---|
| 2025 SLG 3704 2025 SLD 3704 = 2025 SHC 2057 |
C.P. No.S-1145 of 2023
ARSHAD HUSSAIN KHAN, J
Through Mr. Arif Awan Advocate.
[Asif Iqbal
VS
. Mst.Shamshad]
Law: Constitution of Pakistan, 1973
Section: 199
Law: Family Courts Act, 1964
Section:
Summary
The petitioner, Asif Iqbal, challenged the judgment and decree passed by the Family Judge and subsequently dismissed on appeal, related to a family suit filed by Mst. Shamshad for the return of dowry articles, unpaid dower, medical/delivery expenses, and maintenance including iddat period maintenance. The courts held the petitioner liable for these claims after considering the evidence presented. The appellate court dismissed the appeal primarily on limitation grounds. The petitioner’s constitutional petition to the High Court was also dismissed, with the Court holding that constitutional jurisdiction under Article 199 of the Constitution cannot be used as an appellate forum to reappraise evidence unless manifest illegality, jurisdictional defect, or perversity is demonstrated. The petitioner’s admissions and lack of material evidence to disprove trial court findings resulted in dismissal of the petition.
Core Points
- The petitioner was married to respondent on 16.08.2019 with dower agreed as two tola gold ornaments; one tola remained unpaid.
- Respondent brought a suit for return of dowry articles, unpaid dower, medical/delivery expenses, and maintenance (past and iddat period).
- Petitioner denied claims and contested suit; trial court decreed in favor of respondent.
- Appellate court dismissed petitioner's appeal as time-barred.
- Petitioner admitted to possessing dowry articles but offered to return on “as is where is†basis.
- Trial court found dower unpaid and dismissed petitioner’s claim regarding dower payment.
- Medical expense claims accepted based on oral evidence despite absence of bills.
- Petitioner’s contention that respondent left without cause was rejected.
- Maintenance fixed by trial court was justified given petitioner’s failure to prove incapacity.
- High Court holds constitutional jurisdiction under Article 199 cannot reappraise evidence without exceptional circumstances.
- Petition dismissed due to lack of any jurisdictional error, perversity, or illegality in lower courts’ findings.
- Emphasis on discouraging vexatious and delayed litigation in family matters.
Law & Sections
| Legal Principle/Provision | Application in Case |
|---|---|
| Article 199 of the Constitution of Pakistan | High Court exercises constitutional jurisdiction; no reappraisal of evidence unless manifest illegality or jurisdictional defect found. |
| Family Courts Act, 1964 (implied) | Jurisdiction to adjudicate family disputes including maintenance and dower issues. |
| Law relating to Dower and Dowry (Islamic Law, Family Law Ordinance etc.) | Dower is a mandatory part of marriage; court can order return/payment of unpaid dower and dowry articles. |
| Limitation Law | Appeal dismissed for being time-barred, establishing procedural compliance importance. |
| Principle against vexatious litigation | Court discourages prolonged family disputes causing unnecessary burden on judiciary. |
ARSHAD HUSSAIN KHAN, J.- Through this Constitutional Petition the petitioner [Asif Iqbal] has assailed the Judgment and Decree dated 12.08.2023, passed by VIth Additional District Judge, Karachi [East] in Family Appeal No. 03 of 2023, which was dismissed by maintaining the judgment and decree dated 30.09.2022, passed by Family Judge/Consumer Protection Court Karachi [East] in Family Suit No.3763 of 2020, filed by the respondent/Plaintiff- Mst. Shamshad for return of dowry articles, delivery expenses, maintenance of iddat period, medical expenses and the dower amount.