Law: West Pakistan Family Courts Act, 1964

Section: 5 , 59 , 61 , 74 , 78

West Pakistan Family Courts Act (XXXV of 1964) ----S. 5 & Sched.---Qanun-e-Shahadat (10 of 1984), Arts.59, 61, 74 & 78---Suit for recovery of dower amount---Secondary evidence---Comparison of thumb impression---Application for---On separation between spouses, former wife filed suit for recovery of dower amount against former husband---Ex-husband claimed that amount of dower had been remitted by ex-wife through remission-deed executed by her through a petition-writer and that remission deed was in her custody---Ex-wife having denied execution of remission deed and affixation of her thumb-impression on register of petition-writer, ex-husband filed application for comparison of thumb-impression of ex-wife with one allegedly affixed by her on remission deed in register of petition-writer in proof of execution of disputed remission deed---Trial Court dismissed application for comparison of thumb-impression observing that in absence of original remission deed as primary evidence, execution of same through register of petition-writer as secondary evidence could not be proved---Request of ex-husband for making comparison of thumb-impression through Finger Print Expert was also rejected by Trial Court---Necessity of production of register of petition-writer with evidence of Finger-Print Expert for comparison of thumb-impression of plaintiff, was felt as remission deed in question was not available with ex husband, but allegedly was in custody of ex-wife who denied such custody-- Claim of ex-husband that remission deed was in custody of ex-wife to which he had no record, was sufficient explanation of its non-production---Refusal of prayer of ex-husband by Trial Court, was not proper and would tantamount to refuse him a fair and proper opportunity of hearing causing him serious prejudice in circumstances. Constitution of Pakistan (1973)---   ----Art. 199---Qanun-e-Shahadat (10 of 1984), Arts.59, 61, 74 & 78--Constitutional petition---Maintainability---Constitutional petition was filed by petitioner against order of Trial Court whereby application of petitioner for production of secondary evidence and comparison of thumb-impression of respondent through…