| Citation(s) |
|---|
| 2007 SLG 2671 2007 SLD 2671 2007 CLC 1712 |
Lahore High Court
Writ Petition No.1470 of 2005, decision dated: 18-06-2007.
IQBAL HAMEEDUR RAHMAN, J
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Writ Petition No.1470 of 2005, decision dated: 18-06-2007.
IQBAL HAMEEDUR RAHMAN, J
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MUHAMMAD RIZWAN YOUSUF
VS
ADDITIONAL DISTRICT JUDGE, MULTAN and another
Law:
Section:
West Pakistan Family Courts Act (XXXV of 1964)-------S.5, Sched. & S.10(4)---Suit for dissolution of marriage on ground of Khula---Dower mentioned in Nikahnama was Rs.500, but in its Column 13, plot of land given to plaintiff as dower on the day of Nikah through registered sale-deed by defendant's father was not mentioned---Defendant claimed return of plot from plaintiff---Family Court decreed suit with condition that plaintiff would return plot to defendant---Appellate Court upheld decree, but set aside such condition as plot for not finding mention in Column 13 of Nikahnama, could not be considered as dower---Validity---Plaintiff in her memo of appeal had admitted that plot was given to her as dower in place of defendant by his father---Family Court had rightly decreed suit with such condition---High Court accepted appeal, set aside impugned and restored of Family Court. Karim Ullah v. Shabana and 2 others PLD 2003 Pesh. 146 and Abid Hussain v. Additional District Judge, Alipur, District Muzaffargarh and another 2006 SCMR 100 ref. Muhammad Suleman Bhatti of Petitioner. Javed Majeed Ansari for Respondents. ORDER IQBAL HAMEEDUR RAHMAN, J.--- Brief facts leading to this writ petition are that the petitioner was married with respondent No.2 Mst. Asma Iqbal on 6-3-2002 and at the time of marriage the dower was mentioned in the Nikahnama as Rs.500 and also vide registered deed No.2066 dated 6-3-2002 father of the petitioner Haji Muhammad Yousaf had given the property measuring 1 Marla 24 yards to respondent No.2 as dower. Thereafter the relations between the spouses became strained. On 29-6-2004 respondent No.2 filed a suit for dissolution of marriage in the Court of the learned Judge Family Court, Multan. The petitioner submitted written statement, wherein it was stated that as respondent No.2 had sought dissolution of marriage on the ground of Khula, she was bound to return the property measuring 1 Marla 24 yards which she received through registered deed No.2066 dated 6-3-2002. The learned Judge Family Court, Multan, vide judgment dated 9-12-2004 and in terms of section 10(4) of the West Pakistan Family Courts Act, .1964 decreed the suit for dissolution of…
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