Law: Family Courts Act, 1964

Section: XXXV,5,17

Law: Limitation Act, 1908

Section: IX,5

Law: Qanun-e-Shahadat (10 of 1984)

Section: 79

(a)    Family Courts Act (XXXV of 1964)-------S. 5, Sched.---Limitation Act (IX of 1908), S.5---Dower---Dispute arising from a post-marital agreement between husband and wife relating to dower---Subsequent enhancement and fixation of dower---Scope---Jurisdiction of family court to take cognizance of dower matter arising out of a post-marital agreement between husband and wife---The petitioner/husband and respondent No.2/wife entered into a valid marriage, with a dower of Rs.200,000 fixed at the time of Nikah---Later, an agreement was executed between the parties, wherein the petitioner/husband undertook to provide monthly maintenance, separate accommodation, and other financial commitments---However, their relationship subsequently deteriorated due to alleged maltreatment and non-fulfilment of obligations, following which respondent No.2/wife filed a suit for recovery of dower, gold, and maintenance before the family court, which decreed the suit---The petitioner s appeal before the district court was dismissed as time-barred, leading to the filing of the present Constitutional petitions challenging both judgments---Held: Plea of the petitioner/husband that subsequent fixation of dower was without lawful authority did not hold ground in view of the settled principles of Mohammadan law insofar as dower was not a rigid or unalterable condition confined only at the time of marriage, rather it was the right of wife which could be stipulated at any of three stages of marriage i.e. (i) before the marriage, (ii) at the time of marriage, (iii) or even after the marriage has been solemnized---Whilst dilating upon the maintainability of the petition, High Court observed that the impugned judgment passed by the Trial Court on 11.02.2021, while the same was assailed before the appellate court on 19.07.2021 after lapse of five months---Admittedly, petitioner kept silent for a long-lasting period of more than five months without any justifiable reason and sufficient cause for delay in filing the appeal, which was hopelessly time barred---Even otherwise, the application for condonation of delay filed in the appellate court also did not show any plausible…