Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)------Ss. 5, Sched. & 14---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for recovery of dowary articles and maintenance allowance--Family Court and Appellate Court having concurrently decreed the suit defendant had filed constitutional petition against such concurrent s and decrees of the courts below---Complete detail of said articles had been given in the plaint and witness produced by her also described each and every item of said list---Version of the plaintiff about dowry was fully proved from the evidence of record---Effect---Courts below had rightly decreed suit filed by the plaintiff--No illegality or material irregularity was found in impugned s and decrees passed by the courts below warranting interference of High Court. Muhammad Ashfaq for Petitioner. Tariq Muhammad Iqbal Chaudhry for Respondent No.1. Date of hearing: 12th March, 2008. ORDER MAZHAR HUSSAIN MINHAS, J.---Through this constitutional petition, the petitioner has called in question the judgment and decree, dated 13-2-2007 passed by learned Judge, Family Court, Chichawatni, whereby suit for recovery of dowry articles and maintenance allowance has been decreed in favour of respondent No. 1 and judgment and decree, dated 26-10-2007, whereby petitioner's appeal has been dismissed by learned Additional District Judge, Sahiwal. 2. The brief facts of the case are that respondent No.1 was married with the petitioner on 18-7-2005 in lieu of dower amount of Rs.500. At the time of marriage, she was given dowry articles detailed in the plaint valuing Rs.2,71,800, by her parents which are lying in the house of petitioner. After a period of three months of their marriage, respondent No.1 was maltreated and ousted from his house by the petitioner and on 5-12.2005 was divorced. Therefore, she claimed the dowry articles or their price and maintenance for a period of five months including Iddat at the rate of Rs.10,000 per month. 3. The suit was contested by the petitioner through written statement. From the pleadings of the parties, following issues were framed: (1) Whether the plaintiff has no cause of action to file this…

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