Law: Dowry and Bridal Gifts (Restriction) Act, 1976

Section: XLIII,2(a),2(e),5

Law: Family Courts Act, 1964

Section: XXXV,5,1

Law: Civil Procedure Code (V of 1908)

Section: XIV,1(2)

Dowry and Bridal Gifts (Restriction) Act (XLIII of 1976)-------Ss. 2(a), 2(e) & 5---Family Courts Act (XXXV of 1964), S. 5, Sched---Civil Procedure Code (V of 1908), O.XIV, R.1(2)---Barri/bridal gifts----Belongings of the bride---Suit for recovery of Barri/bridal gifts given to the petitioner/bride by the respondent/bridegroom and his parents at the time of marriage was instituted by the bridegroom---Bride raised a preliminary objection as to maintainability of the suit on the ground that barri/gift articles were the exclusive property of the bride in addition to her dowry articles by operation of law---Family Court rejected the objection while observing that framing of issues and recording of evidence was required for resolving the matter---Validity---Law on the point that the claimed property/articles unconditionally and absolutely vested in the petitioner was unambiguous and settled---Issues ought to be framed when a material proposition of fact or law is affirmed by one party and denied by the other---Facts in the suit were based on recovery of those articles that as per law could not be recovered by the claimant and absolutely belonged to the bride---No proposition was set-up in the suit that amounted to material proposition of law and fact, requiring determination or settlement---Claim in the suit was against the settled law and its existence on the docket was not just fruitless rather wastage of time and continuation of the same would operate as oppressive and vexatious to the bride--Constitutional petition was allowed, in circumstances.Mst. Nomail Zia v. Adnan Riaz 2014 CLC 87 ref.Tania Naseer v. Muhammad Zubair and 2 others 2017 YLR 1481; Gul Sher v. Mst. Maryam Sultana 2011 YLR 1000; Gulistan Textile Mills Ltd. v. Askari Bank Ltd. and others 2013 CLD 2005; Ameer Abbas Sial v. Province of Punjab 2020 CLC 792 and President, Zarai Taraqiati Bank Limited, Head Office, Islamabad v. Kishwar Khan and others 2022 SCMR 1598 rel..Date of hearing: 7th May, 2024.JUDGMENTSULTAN TANVIR AHMAD, J.---Through present petition, filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has challenged order dated 18.02.2022…