Law: Constitution of Pakistan, 1973

Section: 199

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Family Courts Act (XXXV of 1964)-----S. 5, Sched. & S.14---Dowry and Bridal Gifts (Restriction) Act (XLIII of 1976), Preamble---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for recovery of maintenance, dowry articles, dissolution of marriage etc.---Plaintiff filed suit for recovery of amount of Rs.72,000 as maintenance, dowry articles as per list attached with the plaint, suit for partition of house, gold ornaments weighing ten Tolas which had been transferred by way of dower and dissolution of marriage against defendant---Family Court granted decree for recovery of 10 Tolas gold ornaments as well as decree for restitution of conjugal rights in favour of the defendant, Rs.2000 per month from the date of decree till the satisfaction of decree for conjugal rights, was also passed in favour of the plaintiff---On filing appeal by the plaintiff against of the Trial Court, accepted appeal partially and passed decree for dissolution of marriage on the basis of Khula in her favour---In consideration of Khula, the plaintiff was directed to forego her dower including 5 Kanals landed property---Relief of the plaintiff for conjugal rights in favour of the defendant was also declined and decree to that extent was set aside---Appellate Court had also maintained the decree for gold ornaments in favour of the plaintiff, but modified the same to bridal gift instead of dower---Decree for dower was modified and also the decree for maintenance i.e. at Rs.2,000 per month for Iddat period was passed in favour of the plaintiff---Validity---Appellate Court regarding dissolution of marriage on the basis of Khula, had directed the plaintiff to forego the 5 Kanals land mentioned in the deed, but had held her entitled to the remaining dower though the same was converted into bridal gift---Contention of counsel for the defendant that 10 Tolas gold ornaments was violative of the provisions of Dowry and Bridal Gift (Restriction) Act, 1976, was also not in accordance with law as one of the parties entered into a wedlock, executed the deed and resided in the husband's house as husband and wife, husband was duty bound to pay the same and no penal…

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