Case Details

Citation(s)
2005 SLG 1452 2005 SLD 1452 2005 SCMR 1683
Supreme Court of Pakistan
Civil Petition No.2596-L of 2000, decision dated: 5-06-2003
MUNIR A. SHEIKH, FAQIR MUHAMMAD KHOKHAR AND FALAK SHER, JJ

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MATEEN HAIDER

VS

. ADDITIONAL DISTRICT JUDGE, Lahore High Court and others

Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5 & Sched.---Constitution of Pakistan (1973), Art.185(3)---Suit for recovery of amount and gold ornaments as dower---Wife alleged in plaint that she was transferred 1/4th share in house by her husband, but she did not claim decree qua house in prayer clause---Family Court decreed suit for recovery of amount and gold ornaments---Appellate Court dismissed appeal, but granted on his own decree regarding ownership rights in house, against which Constitutional petition before High Court was filed, but same was dismissed---Validity---Wife had never felt aggrieved of decree passed by Family Court as no appeal had been filed as regards alleged rights in house nor she had filed cross-objections---Appellate Court was not justified to grant decree as regards alleged ownership rights in house particularly in view of denial of alleged transfer of share in house as dower and entries in Nikahnama being forged and result of interpolation---Decree for recovery of amount and gold ornaments passed by Courts below did not suffer from any illegality---Supreme Court partly accepted appeal and set aside decree relating to 1/4th share in house passed by Appellate Court and maintained by High Court. Syed Iftikhar Hussain Shah, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Respondent No.2 (in person). Nemo for the Remaining Respondents. Date of hearing: 5th June, 2003. ORDER MUNIR A. SHEIKH, J.---This petition is directed against the judgment, dated 1-10-2000 passed by the Lahore High Court in Writ Petition No.3816 of 1999. 2. The respondent filed a suit for recovery of Rs.1,00,000 and gold ornaments weighing 12 Tolas as dower amount. She alleged in paragraph 3 of the plaint that she was also transferred 1/4th share in House No.35-A Mason Road, Lahore by her deceased husband namely Sheikh Amin Haider but in the prayer clause she did not claim any decree qua the aforementioned house. The trial Court decreed the suit as prayed for i.e. recovery of amount of Rs.1,00,000 and gold ornaments weighing 12 Tolas. The petitioner filed appeal before the learned Additional, District Judge, Lahore who…
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