Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)-------S. 5 & Sched.---Suit for recovery of dowry articles by heirs of deceased wife---Maintainability---Jurisdiction of Family Court would be determined on basis of subject-matter of suit and not on basis of persons entitled to invoke its jurisdiction---Any suit of a subject-matter finding mention in Schedule of West Pakistan Family Courts Act, 1964 would fall within exclusive jurisdiction of Family Court---Family Court had jurisdiction to decide such suit. Syed Mehdi Hassan Shah v. Mst. Sheedo Bibi PLD 1962 SC 291 and Muhammad Suleman Malik v. Rai Trust Corporation of Canada PLD 1983 Kar. 382 ref. Khan Asad Ullah Khan and others v. Sheikh Islamud Din PLD 1978 Lah. 711; Manzoor Ahmad v. Muhammad Nawaz Siddiqui and others PLD 1975 Lah. 739 rel. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Dowry and Bridal Gifts (Restriction) Act (XLIII of 1976), S.3---Suit for recovery of dowry articles having value violating S.3 of Dowry and Bridal Gift (Restriction) Act, 1976---Maintainability---Provisions of Dowry and Bridal Gifts (Restriction) Act, 1976 would be enforced by the Authority mentioned therein---Alleged violation would not debar such suit. Muhammad Tazeel v. Mst. Khair-un-Nisa 1995 SCMR 885 rel. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art. 133---Cross-examination---Defendant during her cross-examination boycotting proceedings and walking out from the Court along with her counsel---Refusal of Trial Court to read statement of defendant in evidence---Validity---Such act of defendant was totally uncalled for and alien to judicial process---Defendant herself had refused to be subjected to cross-examination, thus, she must face consequences thereof. Muhammad Ghani for Petitioner. Malik Azam Rasool for Respondent. Date of hearing: 7th April, 2006. JUDGMENT SHEIKH AZMAT SAEED, J.--- This constitutional petition is directed against the appellate judgment and decree, dated 25-4-2002 whereby the appeal filed by the petitioner against the judgment and decree, dated 23-7-2001 was dismissed. 2. Brief facts leading to the filing of this constitutional petition are that respondents Nos.1 and…

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