Law: Muslim Family Laws Ordinance, 1961

Section: 9,10

Law: Constitution of Pakistan, 1973

Section: 199

Law: Family Courts Act, 1964

Section: 5,Schedule,14

Muslim Family Laws Ordinance (VIII of 1961) Ss.9 & 10 West Pakistan Family Courts Act (XXXV of 1964), Ss.5, Sched. & 14 Constitution of Pakistan (1973), Art.199 Constitutional petition Suit for maintenance and dower Dower and dowery Distinction Wife in her suit for maintenance and dower had claimed gold ornaments and a house as dower Family Court decreed the suit, but Appellate Court in appeal dismissed the claim of wife Claim of wife qua ornaments and house was specifically mentioned in dower/deed/kabin nama Wife who admittedly had received gold ornaments at the time of marriage had contended that gold ornaments which were given at the time of Nikah were part of dowery but were snatched and kept into possession by the husband Contention was devoid of force because dowery were those articles which were given to wife by parents at the time of "Rukhsati" whereas dower was a right of wife which was. always paid or to be paid in lieu of marriage by husband Dower once paid, liability of same would be satisfied Taking away of dower by husband after marriage could be considered as loan/credit, return of which could only be sought through civil suit Wife was entitled to payment of dower in shape of house which had been given to her in dower by husband as per dower deed. THIS JUDGMENT PASSED BY: MRS. KHALIDA RACHID, JUSTICE:---.--- Mst. Farhad/petitioner was married to Khalil Ahmad/respondent. The marriage was solemnized on 20 12 1991 in lieu of dower as per Nikahnama. After three months the marriage went rocky and finally on 29 6 1993 the petitioner was turned out of the house in her advanced pregnancy after giving her harsh beating. She was made to leave in her clothes she was wearing, while other belongings and jewellery/ornaments were kept by the husband in his own possession. She lived with her parents and gave birth to a girl baby after a major surgery. After a year of separation, the petitioner/wife filed a suit for maintenance allowance, dower etc. in the Court of Family Judge. The learned trial Court after scanning the evidence recorded on the issues framed, decreed the suit for recovery of Rs.2,00,000 in cash, gold ornaments weighing 15 Tolas, a…

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