Case Details

Citation(s)
2008 SLG 771 2008 SLD 771 2008 CLC 806
Lahore High Court
Writ Petition No.223 of 2004/BWP, decision dated: 13-04-2004
SH. HAKIM ALI, JJ

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SHAFQAT ALI

VS

NIGHAT PERVEEN and others

Law:

Section:

West Pakistan Family Courts Act (XXXV of 1969)-------S.5 & Sched.---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for recovery of dowry articles was resisted by defendants on the ground that no receipt of purchase of alleged dowry articles was proved through the production of any witness to it---Correctness of version of plaintiff with regard to dowry articles was found from the statement which was got recorded by her during the trial---Lady had deposed minor details of all the articles of dowry granted/delivered to her in cross-examination---Mere non-mentioning of the value in some paras. of the plaint would not affect the case of the plaintiff because she had clearly mentioned in one of the paras. of the plaint not only the nature of dowry articles delivered to her, but the value thereof with grand total as well---Even in such cases, the exact and strict technical compliance was not required---Appreciation of the Trial Court with regard to the evidence brought on record, was not of such a nature so as to call for interference by the High Court in the exercise of its extraordinary jurisdiction---Provisions of Qanun-e-Shahadat, 1984, being not applicable to the proceedings to be conducted by the Family Court, their rigours and technicalities had to be evaluated and appreciated as a prudent man would assess and reach a conclusion---Impugned passed by the Trial Court, needed no interference. Muhammad Sharif v. Nawab Din and another PLD 1957 (W.P.) Lah. 283 and S.D.O. (E) WAPDA and others v. Mian Hidayatullah 1995 CLC 739 ref. Faisal Sajjad Khitchi for Petitioner. Syed Mubashar Hassan Gillani for Respondents. Date of hearing: 13th April, 2004. JUDGMENT SH. HAKIM ALI, J.---Through the instant writ petition, Shafqat Ali, defendant/petitioner has challenged the legality of judgment and decree, dated 19-11-2003, passed by the learned Judge, Family Court, Hasilpur, in Family Suit No.37 of 2003 (Nighat Perveen v. Shafqat Ali), by which the suit for the recovery of dowry articles was decreed to the tune of Rs.30,000 as consideration money for the dowry articles. 2. Learned counsel appearing on behalf of the petitioner has argued that no…
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