| Citation(s) |
|---|
| 2008 SLG 1891 2008 SLD 1891 2008 SCMR 1584 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.1480-L of 2007, decision dated: 16-07-2008.(On appeal from the order, dated 6-8-2007 of the Lahore High Court, Lahore passed in Writ Petition No.7387 of 2007)
IJAZ-UL-HASSAN KHAN AND SYED SAKHI HUSSAIN BOKHARI, JJ
Javed Bashir, Advocate Supreme Court for Petitioner. Muzammal Akhtar Shabbir, Advocate Supreme Court for
Respondent No. 1
Civil Petition for Leave to Appeal No.1480-L of 2007, decision dated: 16-07-2008.(On appeal from the order, dated 6-8-2007 of the Lahore High Court, Lahore passed in Writ Petition No.7387 of 2007)
IJAZ-UL-HASSAN KHAN AND SYED SAKHI HUSSAIN BOKHARI, JJ
Javed Bashir, Advocate Supreme Court for Petitioner. Muzammal Akhtar Shabbir, Advocate Supreme Court for
Respondent No. 1
MUHAMMAD HABIB
VS
Mst. SAFIA BIBI and others
Law:
Section:
West Pakistan Family Courts Act (XXXV of 1964)---S. 5 & Schd.---Constitution of Pakistan (1973), Art.185(3)---Suit for recovery of dowry articles by divorced wife was decreed by Family Court and amount of decree was modified and enhanced by the Appellate Court---Contention of the husband was that no such list of dowry articles was prepared at the time of marriage, same was fabricated subsequently and in absence of valid receipts of purchase of said articles, suit could not have been decreed and that Appellate Court was not legally justified to modify the decree passed by Family Court and enhance the amount---Validity---List of articles revealed that those were ordinarily given to a bride at the time of her marriage---No illegality or irregularity had been pointed out in the concurrent findings of fact recorded by the two courts below and upheld by the High Court assigning cogent and sound reasons calling for interference by Supreme Court---Impugned order did not suffer from any legal discrepancy nor any substantial question of public importance was involved in the petition against such order---Leave to appeal was declined by the Supreme Court. JUDGMENT IJAZ-UL-HASSAN KHAN, J.--- Through instant petition, Muhammad Habib, petitioner, seeks leave against the order, dated 6-8-2007 of learned Single Judge of Lahore High Court, Lahore, whereby petitioner's Writ Petition. No.7387 of 2007 was dismissed and judgment and decree dated 13-6-2007 rendered by learned Additional District Judge, Gujranwala, was maintained. 2. The facts which we have been able to gather from the record of the case are that petitioner married Mst. Safia Bibi, respondent, on 13-6-1993. Unfortunately after a few days of the marriage, relations between the couple became strained and the marital tie ended in a divorce. The respondent filed a suit for recovery of dowry articles valuing Rs.200,500 which was contested by the petitioner. After framing necessary issues and considering the evidence on record, learned Judge Family Court, Gujranwala, seized of the matter, vide judgment and decree dated 25-7-2006 partially allowed suit to the extent of Rs.80,000. Feeling aggrieved, both the parties,…
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