Law:

Section:

(a) Dowry and Bridal Gifts (Restriction) Act (XLIII of 1976)------Ss. 2(A) & 3---West Pakistan Family Courts Act (XXXV of 1964), S.5 & Sched.---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Bridal gift---"Dowry"---Definition---Articles of dowry, bridal gifts, presents or all the other movable properties are the belongings of bride and the husband if deprives her of the same, she has the right to recover all these articles even though the same were given in contradiction of provisions of S.3 of the Dowry and Bridal Gifts (Restriction) Act, 1976---Bride can always recover the articles of dowry and Wari given to her by the bridegroom or the bridegroom side at the time of marriage---Bridal gift given by the husband is the absolute property of the wife and it could not be snatched away from her. Masud Sarwar v. Mst. Farah Deeba 1988 CLC 1546 and Ghulam Rasul v. Judge Family Court 1991 CLC 1696 fol. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S.5 & Sched.---Civil Procedure Code (V of 1908), O.XX, R.1--­Qanun-e-Shahadat (10 of 1984), Art.133---Affidavit without production of the deponent in Court and without giving an opportunity of cross-examination to the other side by the Court will have no evidentiary value---Mere affirmation or denial of a fact in written statement would not be legal proof of fact---Party against whom an affidavit is produced is entitled to have deponent put in witness-box and to cross-examine him--­If the deponent is not produced for cross-examination, the affidavit, in such circumstances, loses all its force as a probative piece of evidence and cannot be acted upon. Zafar Mirza v. Mst. Naushina Amir Ali PLD 1993 Kar. 775; Atta Ullah Khan Malik v. The Custodian, Evacuee Property West Pakistan and others PLD 1964 SC 236; The President v. Justice Shaukat Ali PLD 1971 SC 585 and Rehmat Ullah v. Tufail Hussain and others 1987 CLC 792 fol. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art.75---West Pakistan Family Courts Act (XXXV of 1964), S.5 & Sched.---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Primary evidence of a document means the document itself produced for the…

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