Law: Family Courts Act, 1964

Section: 5, Schedule,S.14

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Family Courts Act (XXXV of 1964)--- ----S.5 Sched. & S. 14---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Suit for recovery of dowry articles---Offer by husband-defendant for decision of suit on basis of special oath on Holy Qur'an by his father-in-law that dowry articles mentioned in List of Articles had in fact been given to wife at time of marriage and were still lying in possession of defendant---Statement of father-in-law recorded to such effect after accepting such offer---Decree passed by Family Court on basis of such statement was affirmed by Appellate Court---Validity---Arrangement for disposal of suit as agreed by parties was a sort of compromise, which was lawful and permissible---Suit filed after one month of Talaq was not barred by time---Impugned /decree for being in congruity with special oath in terms of compromise was not appealable---High Court dismissed constitutional petition in circumstances. THIS ORDER PASSED BY: S. ALI HASSAN RIZVI, JUSTICE:---.--- Rashid Mehmood petitioner has filed this writ petition challenging the judgment and decree dated 28-3-2008 passed by the learned Judge, Family Court, Shakargarh and affirmed by judgment and decree dated 28-7-2008 handed down by the learned Additional Sessions Judge, Shakargarh. 2. The facts are that a suit for recovery of dowry articles was filed by Mst. Rashida Begum respondent No.1 against the petitioner/defendant on 9-10-2007 before the' learned Judge, Family Court, Shakargarh. The suit was contested vide written statement filed by the writ-petitioner and it was claimed that the suit be dismissed. 3. In the course of trial, evidence was recorded but at one stage, the defendant/writ petitioner made an offer for decision of the suit on special oath. He made a statement on 26-3-2008 that if father of the plaintiff/respondent No.1 gave a special oath and the Holy Quran that the dowry articles as contained in the relevant list (later exhibited as Exh.P.1), were given to respondent No.1 at the time of marriage, he would return the same in accordance therewith. 4. This statement was accepted by the father of the plaintiff/respondent No.1. He also got…

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