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Section:

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for recovery of maintenance allowance, dower and gold ornaments---Trial Court decreed maintenance at Rs.10,000 per month and dower for Rs.10,000 but dismissed the claim of expenditure and gold ornaments---Appellate Court accepted appeal and remanded the case to Trial Court with direction to examine the Nikahkhawan and the Secretary, Union Council and allow parties to produce evidence relating to Nikahnama---Trial Court, in the light of directions of Appellate Court, decreed the suit for dower to Rs.10,00,000 but rest of the claims namely, expenditure and gold ornaments were dismissed---Appellate Court reduced maintenance from Rs.10,000 per month to Rs.1000 per month till subsistence of marriage but dismissed appeal to the extent of dower---Validity---Defendant failed to point out any misreading or non-reading of evidence or any jurisdictional error in the judgments passed by two courts below---Defendant's contention that onus of proving the relevant issue had shifted to plaintiff, could not be entertained as de novo appraisal of evidence was not permissible in constitutional jurisdiction---Plaintiff lady had proved her Nikah with the defendant through oral and documentary evidence---Constitutional petition was dismissed in limine, in circumstances. Muhammad Sadaq v. Mst. Ghulam Fatima and 6 others 2005 YLR 2634; Muhammad Nawaz v. Faiz Ahmad and another 2005 YLR 2903 and Liaqat Ali and 8 others v. Abdul Aziz and 3 others 2005 YLR 12 distinguished. Muhammad Habib v. Mst. Safia Bibi 2008 SCMR 1584, Ishfaq Ahmad v. Judge Family Court, Okara 2007 YLR 1550, Muhammad Anwar v. Shamim Akhtar 2007 CLC 195 and Rehman Gull v. Mst. Nizakat Bibi 2007 MLD 551 rel. Syed Liaqat Ali Shah, for Petitioner. Israr Ali Joyia for Respondents. ORDER HAFIZ ABDUL REHMAN ANSARI, J.---The petitioner Nasir Ahmad has called in question the judgment and decree dated 7-3-2009 passed by the learned Judge Family Court, Sahiwal and the judgment and decree dated 29-8-2009 passed by learned Additional District Judge, Sahiwal. 2. The petitioner Nasir…