Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for recovery of maintenance allowance for wife and minor son and dowry articles---Trial Court decreed the suit---Appellate Court accepted husband/defendant's appeal regarding dowry articles for plaintiff had failed to produce the receipts of the dowry articles---Validity---Plaintiff denied that she had taken dowry articles to her parents' home when she left her husband's house-Non-production of receipts of dowry articles was not significant as neither people in villages asked for receipts of shoppings nor shopkeepers were willing to stand witnesses for their customers---Constitutional petition was allowed---Finding of Appellate Court was set aside and that of Trial Court restored: ORDER HAFIZ ABDUL REHMAN ANSARI, J.---Through the instant writ petition, petitioners Mst. Saeed Bibi and her minor son Majid Hussain seek setting aside of judgment and decree dated 29-8-2009, passed by learned Additional District Judge, Jampur, District Rajanpur, partly accepting the appeal of respondent No.3 Muhammad Sajjad, dismissing the suit of the petitioner to the extent of recovery of dowry articles. 2. Brief facts of the case are that petitioner No.1 Mst. Saeed Bibi, wife of respondent No.3 Muhammad Sajjad, along with her minor son Majid Hussain, petitioner No.2 filed a suit against respondent No.3 for the recovery of maintenance allowance at the rate of Rs.2000 per month for petitioner No.1 and Rs.1000 per month for petitioner No.2 and also claimed arrears of the past maintenance allowance for 16 months, as well as for recovery of dowry articles valuing Rs.1,06,000. It was averred in the suit that respondent No.3 was married with petitioner No.1 on 17-11-2006 and out of the said wedlock petitioner No.2 Majid Hussain was born, who is presently living with petitioner No.1; the articles described in the plaint were also given to her as dowry by her parents at the time of marriage; in the beginning the relations between the spouses remained cordial but thereafter the relations became strained and therefore the respondent turned out of…

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