Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)--- ----S.5, Sched. & S.14---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for recovery of dowry articles or its value and maintenance---After framing of issues, the plaintiff produced evidence, whereafter the defendant was directed to produce his evidence; but he failed despite several opportunities, including last opportunity and his defence was closed---Family matters were to be decided expeditiously and the defendant was informed by the Trial Court about that and given a last opportunity to produce his evidence, but he failed to do so---Counsel of defendant was unable to point out any illegality or material irregularity in the s and decrees of both the courts below warranting interference by the High Court in the constitutional jurisdiction---Constitutional petition was dismissed. ORDER KHALIL AHMAD, J.---This order will dispose of Writ Petition No.11421 of 2008 and W.P.No.11422 of 2008 as the common question of law and facts is involved in both these petitions. 2. Marriage between petitioner and respondent was solemnized on 26-4-1991 according to Muslim rites and out of the wedlock Muhammad Hanan and Muhammad Waleed were born. Respondent No.1 on 31-7-2006 filed a suit for recovery of articles of dowry or its value of Rs.3,50,000. The suit was contested by the petitioner. Respondent No.1 also filed suit for maintenance. The learned trial Court consolidated both the suits and framed the following consolidated issues:-- 1. Whether the plaintiff Mst. Memoona Nazli is entitled to the decree for return of dowry articles as per list attached with the plaint on the basis of averments made therein? OPP 2. Whether the plaintiff is estopped by her word and conduct to file the suits? OPD. 3. Whether the suit is barred by time? OPD. 4. Whether the plaintiff in suit No.148 is entitled to recover arrears of past maintenance to the tune of Rs.5,40,000? OPP. 5. Whether the plaintiff in suit No.148 is entitled to receive past and future maintenance from the defendant @ Rs.5,000 per months per head? OPP. 6. Whether the plaintiff in suit No.148 has got no cause of action? OPD. 7. Relief. 3.…

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