Law: Muhammadan Law

Section: 290

Law: Muhammadan Law

Section: 290

Law: Muslim Family Laws Ordinance, 1961

Section: 6(5)(a)

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5 & Sched.---Muslim Family Laws Ordinance (VIII of 1961), S.6(5)(a)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for recovery of deferred (Ghair Muajjal) dower by first wife on contracting second marriage by husband without permission---. Such dower consisted of Rs.50,000 and ten Bighas land---Dismissal of suit by Family Court for such dower not recoverable during subsistence of marriage---Award of decree by Appellate Court for recovery of Rs.50,000 without saying anything about other part of dower i.e. ten Bighas land---Validity---Courts below had found that dower amount along with ten Bighas land admitted by husband to have been fixed had not been paid to first wife---Husband on contracting second marriage without permission of Arbitration Council had become liable to pay to first wife entire dower either prompt or deferred---Husband had sold such land to other persons---High Court remanded case to Appellate Court for giving findings on second part of dower i.e. ten Bighas land, after hearing parties and recording evidence, if necessary. Javed Iqbal Hashmi for Petitioners. Mehar Zauq Muhammad Sipra for Respondent No.3. ORDER MALIK SAEED EJAZ, J.---Facts necessary for the decision of this writ petition are that petitioner No.1 herself and on behalf of minor petitioners Nos.2 and 3 filed a suit against respondent No.3 for recovery of past maintenance of petitioners Nos.2 and 3 for the last one year at the rate of Rs.4,000 per month per minor and for herself for the same period at the rate of Rs.6,000 per month; for recovery of dower amounting to Rs.50,000 as well as ten Bighas of agricultural land; and for recovery of dowry articles valuing Rs.7,98,000. Respondent No.3 contested the suit by filing his written statement. The learned trial Court after framing of appropriate issues and recording evidence of both the parties, vide its judgment and decree dated 4-4-2007, decreed the suit for recovery of maintenance allowance at the rate of Rs.1,500 per month per petitioner from 13-5-2003 till the subsistence of marriage of petitioner No.1 with respondent No.3 and till the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492