Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for dissolution of marriage, maintenance, dower and recovery of dowry articles of Rs.4,43,597 in the alternative---Trial Court decreed the suit---Plaintiff filed appeal for enhancement of maintenance and return of dowry articles as per list appended with the plaint---Appellate Court remanded case to Trial Court after framing additional issues in respect of dowry articles---Validity---Trial Court rightly framed issues regarding dowry articles---No objection was raised from either side---1n view of sufficient evidence on record for determination of the controversy, remand of the case to Trial Court by the Appellate Court was uncalled for as the remand would result in prolonging the case unnecessarily---Family cases needed to be decided without delay---Order of the Appellate Court was set aside by' High Court with direction to decide the appeal on the basis of evidence already produced by the parties. ORDER HAFIZ ABDUL REHMAN ANSARI, J.---Through this constitution petition, petitioner seeks setting aside of order dated 8-1-2010 passed by learned Additional District Judge Shujabad findings on issue No.4 (para No.8 of the appellate Court's judgment) to the extent of dowry articles. 2. Brief facts of the case are that respondent No.2/plaintiff filed a suit for the dissolution of marriage, suit for maintenance allowance, suit for dower and suit for recovery of dowry articles or in alternate amount of Rs.4,43,597. The marriage of respondent No.2, plaintiff was solemnized with defendant/respondent on 22-5-2002. Parties settled as husband and wife and Allah Almighty blessed them with one son Aatir Nadeem, who is in the custody of respondent No.2, plaintiff. According to respondent No.2, plaintiff, the petitioner/defendant ousted her along with minor in three wearing clothes after beating in September, 2004 and snatched the dowry articles and subsequently, petitioner/defendant also sent two notices of Talaq. Respondent No.2, plaintiff has maintained that due to hatred she cannot live with the petitioner/defendant and has…

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