Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ---- S-14 --- District Court, being only Court of appeal under the Act, was required to dispose of appeal against decision of Family Court after taking into consideration entire material on record --- Where Appellate Court had proceeded to reverse decree of Trial Court, it was incumbent upon it to not only take into consideration -entire evidence, but also to take notice of reasons which had prevailed with the Court for taking a contrary view. Madan Gopal and 4 others v. Maran Bapari and 3 others P L D 1969 SC 617 ref. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ---- Ss.5 & 14 --- Constitution of Pakistan (1973), Art.199 --- Constitutional jurisdiction, exercise of --- Where Appellate Court below, while arriving at a finding even on a question of fact, had omitted from consideration or misread evidence, its findings would be open to correction by High Court in exercise of its power of judicial review. JUDGMENT This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 arises out of a suit for recovery of Rs.49,893 of dower filed by Dilshad Fatima respondent No.1 against the petitioners who are legal heirs of her deceased husband Ghulam Murtaza Shah. On 10th of January, 1987 the suit out of which this petition has arisen was filed against the petition ers on the allegations that she was married to Ghulam Murtaza Shah on 10th of June, 1974 against a dower of Rs.50,000 out of which Rs.107 were paid at the time of the Nikah while Rs.49,893 were still payable by Ghulam Murtaza Shah when he died on 17th May, 1986 and the petitioners, being his legal representatives, were liable to pay this amount to respondent No.l. 2. The suit was resisted by the petitioners on the plea that in fact the marriage between respondent No.1 and Ghulam Murtaza Shah had taken place on 18th December, 1972 and a sum of Rs.107 only was fixe(tAls dower which was paid at the time of Nikah. 3. Out of the pleadings of the parties the following issues were framed by the -learned Judge Family Court:--- (1) Whether Rs.50,000 were fixed as prompt dower at the time of marriage between the plaintiff…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492