Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched. ---Constitution of Pakistan (1973), Art.199---Constitutional petition---Concurrent findings---Effect---suit for recovery of dowry articles, -maintenance allowance and dower in the shape of three gold ornaments and land measuring 8-Kanals---Defendant contested suit and filed written statement---Trial Court decreed the suit for maintenance allowance at the rate of Rs.1000 per month from the date of institution of suit and claim of the dower---Appellate Court on appeal, upheld the judgment and decree of the Trial Court to the extent of land measuring 8 Kanals and set aside the findings qua the price---Contention of the defendant was that he was abroad and Rukhsati never took place---Defendant further contended that he was ready to pay half of the dower as consummation did not take place between the spouses---Validity---Judgments of the courts below were based on cogent reasons and had been passed on each and every issue---Concurrent findings could not be disturbed as appraisal of evidence was not permissible unless some misreading and non-reading of evidence was pointed out in the judgments passed by courts below---Constitutional petition was dismissed by High Court. Malik Mehboob Ali Sandila for Petitioner. Mehr Mehrban Ranjha for respondents. ORDER HAFIZ ABDUL REHMAN ANSARI, J.---Through this constitutional petition, the petitioner Muhammad Sharif son of Abdul Rashid challenged the legality of the judgments and decrees of both the Courts below dated 31-3-2009 passed by learned Judge Family Court, Muzaffargarh and second judgment and decree dated 16-7-2009 passed by the learned Additional District Judge, Muzaffargarh in appeal filed by the petitioner against the judgment and decree of the learned Judge Family Court. 2. Precise facts of the instant petition are that respondent No.3 plaintiff filed a suit against the petitioner/respondent for the recovery of maintenance allowance, dowry contending that her marriage was solemnized with the petitioner/defendant on 29-2-2007 according to Islamic rights. She joined the petitioner/defendant and performed marital obligations and at the time of…