Case Details

Citation(s)
1984 SLG 958 1984 SLD 958 1984 SCMR 1430
Supreme Court of Pakistan
Civil Petition No.1074 of 1981, decision dated: 12-02-1984 (From the order dated 19-9-1981 of the Lahore High Court passed in Writ Petition No. 4507 of 1981)
NASIM HASAN SHAH AND M.S.H. QURAISHI, JJ

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HABIB- UR-REHMAN

VS

. THE ADDITIONAL DISTRICT JUDGE, Lahore High Court and others--Respondents

Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Muhammadan Law--Marriage dissolution of--Question of fact relating to alleged fraud and misrepresentation in making entry in Nikahnama as to amount of dower by respondent party (parents of wife)--Concurrent finding of Courts below on such question against petitioner--Held, could not be interfered with--Point not raised in arguments during hearing before High Court--Held further, could not be allowed to be raised before Supreme Court--Leave to appeal refused. Muhammad Hussain Awan, Advocate Supreme Court instructed by Rana Maqbool Ahmed Qadri, Advocate-on-Record for the Petitioner. Dr. Abdul Basit, Adovcate Supreme Court instructed by Hamid Aslam Qureshi Advocate-on-Record for the Respondents. Date of hearing: 12th February, 1984. ORDER M.S.H. QURAISHI, J.-- Habib-ur-Rehman petitioner was married to Mst. Yasmin Habib (respondent No.3) in December, 1976. However, after a couple of years, she instituted a suit on 10-1-1979 for dissolution of the marriage on the ground that she had been treated by the petitioner with cruelty and that the parties on account of the hatred gained could not live together any further. She brought another suit on 9-2-1979 for recovery of the dower amount of rupees one lac. Both the suits were consolidated, the issues framed were found in favour of the respondent and, accordingly, the suits were decreed by the Judge Family Court on 3-2-1980. The petitioner after having unsuccessfully challenged the decree of dissolution by Writ Petition No.2113 of 1980 did not agitate the matter further. He, however, appealed against the decree for the dower money but when the appeal failed before the Additional District Judge on 21-3-1981, he filed Writ Petition No.4507 of 1981 which too was dismissed in limine on 19-9-1981 as being without any force. He has now moved this petition for leave to appeal. 2. The contentions raised before us are (1) that it had been agreed between the parents of the spouses that the dower amount would be Rs.32.50 but it would be announced to be Rs.1,00,000 and accordingly at the time of the Nikah the column of Haq-e-Mahr had been left open to be later filled in with the amount…
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